Man drinks 8 pints, kills another in crash, judge thinks alcohol isn't a factor...

gosuckonalemon · 07-12-2011 10:29am #1

http://www.irishtimes.com/newspaper/ireland/2011/1207/1224308683781.html

The court heard that Mr Mendez and his fiancee, Latoya Scott, were returning from a dinner celebrating Ms Scott’s birthday, and were travelling on the outer lane in the direction of Naas, when, according to Ms Scott, all she could remember was seeing a flash of light and feeling the impact, which sent the car spinning out of control.

Ms Scott managed to free herself, but Mr Mendez, who was revived momentarily at the scene, was trapped and had to be cut from the wreckage. He was taken to hospital, where he later died as a result of damage to his liver.

Ms Scott said in her victim-impact statement that her fiance’s death has left her completely devastated.

After the crash Cunningham was found to have had 150mg of alcohol per 100ml of blood.

Judge Nolan said he wasn’t sure what had happened to Cunningham on that night, but said he didn’t think drink caused him to do what he did. He said that what Cunningham did was totally reckless and something no sensible person would do.

He said Cunningham’s behaviour was totally out of character, as he was “a perfectly sensible man” up until that night.

“I’m not sure Mr Cunningham knew what he was doing. I’m not sure the drink was the cause. I’m not sure that I don’t accept his explanation. It’s very difficult to justly sentence this case,” the judge said.

“He’s not dishonest, he’s not stupid and he’s a man who doesn’t lack sense. I think something happened to Mr Cunningham that night that’s not explainable by the drink he took.”

Judge Nolan said Cunningham was certainly “drunk while driving the car” and it was “obviously a possibility” that the amount of drink put him into an “insensible state”. He had to take the guilty plea into account, along with Cunningham’s co-operation with gardaí, his lack of previous convictions and, centrally, his doubt about whether the guilty man knew what he was doing.

He sentenced Cunningham to five years in prison which he suspended in full on condition that he is of good behaviour for that period. He also disqualified him from driving for five years.

Defence counsel Paul Greene said Cunningham had paid €25,000 to the family as a token of his remorse.

This judge should be struck off. What a disgrace. The man drinks 8 pints, drives the wrong way down a dual carriage way and the judge gives him a suspended sentence because he reckons alcohol was not a factor!

Welruc · 07-12-2011 10:32am

bit of a joke alright, id say the guys family will be pissed off after that sentance

Lord Trollington · 07-12-2011 10:33am

What is a suitable sentence in your opinion OP?

gosuckonalemon · 07-12-2011 10:36am

Lord Trollington wrote: »

What is a suitable sentence in your opinion OP?

It's not the sentence. It's the fact that he drunk 8 pints, was over the limit and in the judge's personal opinion alcohol wasn't a factor. I'm not a detective but I would have a slight hunch it played at least a minor roll. Wouldn't you?

CardBordWindow · 07-12-2011 10:37am

The judge must be a frequent drink driver, and have felt sorry for the guy.

Jesus Wept · 07-12-2011 10:42am

Do not understand.

Immaculate Pasta · 07-12-2011 10:43am

*pretends to read article and get really angry about it*

scholar007 · 07-12-2011 10:43am

gosuckonalemon wrote: »

http://www.irishtimes.com/newspaper/ireland/2011/1207/1224308683781.html

I think something happened to Mr Cunningham that night that’s not explainable by the drink he took.”

Judge Nolan said Cunningham was certainly “drunk while driving the car” and it was “obviously a possibility” that the amount of drink put him into an “insensible state”.

WTF?

Lord Trollington · 07-12-2011 10:44am

gosuckonalemon wrote: »

It's not the sentence. It's the fact that he drunk 8 pints, was over the limit and in the judge's personal opinion alcohol wasn't a factor. I'm not a detective but I would have a slight hunch it played at least a minor roll. Wouldn't you?

No maybe I wouldn't. To be fair I know nothing of the case or its background, unlike the judge.

As he said the man had been a model citizen up until then. Is 8 pints enough to make you drive the wrong way down the the road, I don't think it is to be honest.

There is probably something else behind it to be honest OP.

starbelgrade · 07-12-2011 10:45am

The case sounds like it was heard in the local pub & the sentence passed just before last orders.

Duggy747 · 07-12-2011 10:45am

*Goes into coma*

*Wakes up in 53 years time*

"Wh........where am I? Everything looks so different!"

*Reads article on newspaper about judge's sentence on a current case*

"Ahh, I'm still in Ireland!!"

:pac:

Welruc · 07-12-2011 10:45am

A five year driving ban is not much of a punishment for causing someones death.

the groutch · 07-12-2011 10:46am

Lord Trollington wrote: »

What is a suitable sentence in your opinion OP?

he should have gotten about 8-10 years (not suspended), he killed another man (albeit unintentionally) and to not serve any time and be back behind the wheel in 5 years is a joke.

kincsem · 07-12-2011 10:46am

A five year prison sentence where the person does not go to prison. Nice.

sReq | uTeK · 07-12-2011 10:48am

Bit of a kick in the teeth to the widow tbh.

Gotta love the justice system, judge should be thrown out tbh.

gosuckonalemon · 07-12-2011 10:48am

Lord Trollington wrote: »

No maybe I wouldn't. To be fair I know nothing of the case or its background, unlike the judge.

As he said the man had been a model citizen up until then. Is 8 pints enough to make you drive the wrong way down the the road, I don't think it is to be honest.

There is probably something else behind it to be honest OP.

yes

Lord Trollington · 07-12-2011 10:49am

kincsem wrote: »

A five year prison sentence where the person does not go to prison. Nice.

He's not a contract killer In fairness the man sounds like he's a decent enough sort of a fella, he'll have to live with killing a man for the rest of his life.

He probably should have got some sort of jail time, but I suspect there's more behind the story.

Lord Trollington · 07-12-2011 10:50am

gosuckonalemon wrote: »

yes

If your 16 it probably is, in which case you shouldn't be driving in the first place.

Jesus Wept · 07-12-2011 10:50am

Lord Trollington wrote: »

In fairness the man sounds like he's a decent enough sort of a fella

What on earth are you basing that opinion on?
He got into a car with 8 pints on him, he sounds like a malignant cunt to me.

Howard the Duck · 07-12-2011 10:52am

I know two people who have driven the wrong way around a roundabout, both were sober at the time

Jesus Wept · 07-12-2011 10:53am

Howard the Duck wrote: »

I know two people who have driven the wrong way around a roundabout, both were sober at the time

If they were drunk they might have driven over it.

Donal Og O Baelach · 07-12-2011 10:54am

Basically the judge said: "He seems like a nice fella, he's respectful, polite, well brought up and I like the look of him. I can't understand it at all at all."

Judge should be ashamed (but won't be, cos he's a judge)

gosuckonalemon · 07-12-2011 11:00am

Lord Trollington wrote: »

He's not a contract killer In fairness the man sounds like he's a decent enough sort of a fella, he'll have to live with killing a man for the rest of his life.

He probably should have got some sort of jail time, but I suspect there's more behind the story.

Once again you are missing my point, it's not that he wasn't jailed, it's the fact that the judge thinks drink was not a factor.

If the judge said alcohol was a major factor and then gave him a suspended sentence I wouldn't have an issue.

Corruptable · 07-12-2011 11:02am

Dangerous driving causing death has the same penalties as manslaughter, which allows for up to life imprisonment. However, it's likely that as the defendant pleaded guilty and saved the State the expense of a trial that was taken into account on sentencing.

I think it's excessive leniency in this particular case, but I guess the defendant's character makes it unlikely that he will offend again.

Duggy747 · 07-12-2011 11:05am

I have zero sympathy for anyone who hops into a car and drives after a few pints.

One of these people almost killed my sister years ago as she sat in a car outside my house and was smashed into head-on by a pissed driver.

leviathon · 07-12-2011 11:06am

I'm gobsmacked by that.

Sorry now but I know you'll have tons of lads about the place boasting that "ah I'd 15 pints last night and I was grand" type of crap.

I'm in my late 20's, big enough lad and I'll be honest and say I'm fairly pished after 4 pints, after about 6 I'm slurring my words and anything after that I'm only fit for bed or gawking.

If you told me to have 8 pints and get into a car I wouldn't be able to find the fecking steering wheel.

I seriously hope that's appealed and yer man gets a proper sentence. Don't give a fiddlers what a nice chap he was before that - he's deserves jail time for getting into a car after that much drink.

Faing · 07-12-2011 11:07am

The judge must have had 8 pints himself before the sentencing and considers alcohol not to have impaired HIS judgement of this case. When will judges be brought to task for miscarriages like this?

billybudd · 07-12-2011 11:10am

Judge seems to be under the impression that his drink was spiked? surely they would have done a toxology report, either way if you get into a car with 8 pints on you then your an idiot who should get 3 yrs and if you cause a death by doing so then the least you should be charged with is manslaughter and get 7 years. bizzare reasoning in any case.

constantg · 07-12-2011 11:11am

man thinks judges are arrogant, abusive, arse-covering c*nts....

judge thinks otherwise and man gets night in cells for contempt of court.

is man's contempt for judge a factor in contempt of court, yes. is 8 pints (a substantial amount of alcohol in itself) a factor in dangerous driving causing death? imho, yes.

Ficheall · 07-12-2011 11:14am

It's odd... usually people are complaining that drink is treated as a mitigating factor...

"Yes, your Honour, I did beat the leaving **** out of him and steal all his money, but I was drunk at the time..."
It would be far better in such a case if the judge said that alcohol wasn't a factor and that the defendant was just a cnut, instead of allowing it to be used as an excuse.

As for the 8-10 years imprisonment mentioned - you'd almost have to cold-bloodedly, and with forethought, kill a number of innocent people for that sentence...

antodeco · 07-12-2011 11:15am

Lord Trollington wrote: »

gosuckonalemon wrote: »

[SIZE="3"]yes[/SIZE]

If your 16 it probably is, in which case you shouldn't be driving in the first place.

I'm sorry, but that is an idiotic statement. So you're saying if you're older, 8 pints and being able to drive is standard? most people I know, start getting "merry" on 4. Tipsy at 6, and drunk on 8. It's called drunk driving for a reason. It's not called "driving with a few pints but because I'm older it's ok" driving.

I have zero tolerance for drink driving. Regardless of whether this guy was drunk or not, he was still significantly over the limit. He still drove down the wrong way. He still crashed into someone. He still killed someone by his actions. Shame he's not 16, because maybe then you'd feel he needs punishment :rolleyes:

Man drinks 8 pints, kills another in crash, judge thinks alcohol isn't a factor...

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