Can we swap him for Judge Judy?

up for anything

Isn't it about time they retired him? He is more than an embarrassment to the judiciary. It seems to me that if Judge Nolan had his way every sex offender would be free to offend again. Anyhow it was probably her own fault for falling asleep in her own bed in her own home. How careless.

A Dublin father who sexually assaulted his neighbour while her eight-year-old son lay in the bed beside them has been given a two-year, suspended sentence.

The child woke up during the assault, recognised the man and told him to "get off my Mammy" before he leaned over and tried to push him away.
The man, who cannot be named to protect the identity of the woman, had attended a street party with a number of neighbours, including the victim, earlier that day. They had known each other for a number of years and she was his daughter's godmother.

The man later told gardaí that he had no idea how he ended up in the woman's bed and said he thought the victim was his partner when he began touching her and pulling down her leggings and underwear.

Garda Sinead McCormack told Kerida Naidoo BL, prosecuting, that the boy woke up a few minutes into the assault to find the man in the bed touching the then 34-year-old victim.

The child recognised the man, called out his name and shouted at him to: "Get off my Mammy" before he leaned over and tried to push him off.

Gda McCormack said at this stage the man had the woman pinned to the bed having wrapped his leg around her. He whispered into her ear "ssshhh just stay still, relax, I am nearly done".

Under his mother's instructions, the child then ran off to get help from another neighbour. The neighbour arrived into the bedroom minutes later and the man left the house.

The 42-year-old father of four pleaded guilty at Dublin Circuit Criminal Court to sexual assault in a Dublin suburb on July 15, 2012. He was registered a sex offender after he entered his plea.

He has no previous convictions and has not come to garda attention since.

A victim impact report was prepared for the case and handed into court but not read out.

Judge Martin Nolan said the man had given "an explanation of sorts" for what he did that night but added "I don't find it very believable, to put it bluntly".

He said he must also take into account the way the man met the case, acknowledging that he has moved out of the area and is now living on social welfare.

Judge Nolan said the "most pertinent finding" from the Probation Service report is that the man is not at risk of re-offending and he accepted that there was "no aggravating violence" used.

He suspended the entire two-year sentence after he said that he didn't think, considering the man's lack of relevant convictions and genuine remorse, that the crime justified an immediate custodial sentence.

Gda McCormack agreed with Damien Colgan SC, defending, that it was clear from his client's subsequent interview with gardaí that he had "no clear recollection" of how he ended up in the woman's bed.

He also maintained throughout the interview that he didn't realise it was the woman he was touching and he believed it was his partner.

Gda McCormack agreed with counsel that the man said he had taken both alcohol and cocaine that night but claimed he didn't have a drug problem.

http://www.kildare-nationalist.ie/2013/07/04/dublin-man-avoids-jail-for-sexual-assault-while-victims-son-was-in-same-bed/

http://www.independent.ie/irish-news/courts/sex-attacker-to-escape-jail-by-paying-15000-28820426.html

http://www.boards.ie/vbulletin/showthread.php?t=2056572905

http://www.independent.ie/irish-news/courts/car-dealer-given-fouryear-sentence-for-tax-evasion-26835083.html

http://www.independent.ie/irish-news/courts/handbag-thief-gets-three-years-for-dragging-woman-with-his-car-28892548.html

http://www.herald.ie/news/courts/dad-who-bit-baby-on-face-avoids-prison-27984856.html

SV

ffs, there has to be some way to get judges out of power quickly
Most of them in Ireland are gormless halfwits going by their sentences.

Cody Pomeray

I don't agree with bringing up a whole rake of previous judgements from Judge Nolan, except to say that his apparent reasoning in this case seems to fall a little short of the rationale of sentencing.

Risk of re-offending is not the only reason for imprisoning criminals, citizens have a legitimate expectation that judgements will reflect society's revulsion at a particular act (i.e. denunciation) which will be a warning to others, and a victim has a legitimate expectation of retribution.

The reason we don't have mob justice in this country is because we expect the Courts to hand down retribution and denunciation on our behalf.

I hate the inevitable mob chanting about judges in their ivory towers, but the odd time I do think there are legitimate grounds for concern about a Judge's approach to sentencing.

up for anything

Cody Pomeray wrote: »

I don't agree with bringing up a whole rake of previous judgements from Judge Nolan, except to say that his apparent reasoning in this case seems to fall a little short of the rationale of sentencing.

I didn't bring up the rake of cases where he fined the offenders for sex crimes instead of giving them custodial sentences. Looking through more recent news reports it seems that at least on of those men has been since given a custodial sentence by a different judge.

Rayne Wooney

SV wrote: »

ffs, there has to be some way to get judges out of power quickly
Most of them in Ireland are gormless halfwits going by their sentences.

I know what you're saying but he's the one on €150,000 - €250,000 a year plus bonuses, I think we are the real idiots.

omahaid

As I mentioned on another thread I think we should have a judicial ombudsman, an independent body that can take complaints from the public, investigate and reprimand and discipline as required. I'm baffled that we've allowed a group of people conduct their work on behalf of the state with zero oversight.

JJayoo

He seems to have zero respect for women.

genericguy

I'd like to see himself and Paul carney set on fire.