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Drunk Driver kills 4, gets 4 years, out in 2

  • 23-09-2013 3:26pm
    #1
    Closed Accounts Posts: 295 ✭✭


    Kevin McArdle was sentenced in October 2011 to 4 years for drink driving which resulted in the deaths of 4 people (incl. 1 unborn child)

    He was driving on the wrong side of the road and had previous convictions for driving offenses.

    You can read story from October 2011 here.

    Well, it won't surprise most of you, he was already released last month . . .
    Roisin Connolly, from Fanad, was killed when returning to Dublin after spending Christmas in her native county in 2010.


    Kevin McArdle of Longfield, Carrickmacross was released from prison last month.


    McArdle was three times over the legal alcohol limit and on the wrong side of the road when he crashed into a car on the Carrickmacross by-pass on December 27th.


    Two of his friends were killed along with the passenger in the other car 39 year old teach Roisin and her unborn daughter.

    Kevin McArdle was jailed for 4 years and disqualified from driving for 12 years at Carrickmacross Circuit Court in 2011.


    The DPP is now appealing against the sentence claiming that it is too lenient as the accused had previous driving convictions and showed limited insight into the devastating consequences of his actions.


    McArdle’ s lawyers say he knows his actions were wrong, he has served his time and the appeal should fail.


    Ms Connolly was in the car with her husband Stephen at the time.

    story here


    He gets sentenced to 4 years in 2011 and is already out....

    Presumably he was charged with manslaughter but shouldn't he be charged with murder?

    It may not have been premeditated despite driving on the wrong side of the road and 3 times over the limit, but 2 years makes a mockery of the entire criminal justice system.

    They may as well not bother sending someone like that to jail, just slap him on hand and tell him not to do it again.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 1,148 ✭✭✭MickFleetwood


    He only served six months per person. :pac:


  • Registered Users, Registered Users 2 Posts: 5,238 ✭✭✭humbert


    What would the extra two years actually achieve?


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    seanie_c wrote: »
    Kevin McArdle was sentenced in October 2011 to 4 years for drink driving which resulted in the deaths of 4 people (incl. 1 unborn child)

    He was driving on the wrong side of the road and had previous convictions for driving offenses.

    You can read story from October 2011 here.

    Well, it won't surprise most of you, he was already released last month . . .



    story here


    He gets sentenced to 4 years in 2011 and is already out....

    Presumably he was charged with manslaughter but shouldn't he be charged with murder?

    It may not have been premeditated
    despite driving on the wrong side of the road and 3 times over the limit, but 2 years makes a mockery of the entire criminal justice system.

    They may as well not bother sending someone like that to jail, just slap him on hand and tell him not to do it again.

    the primary difference between murder and manslaughter is premeditation !!

    you could spend months and years discussing the flaws with our legal/judicial and criminal system ....but unless you are related to a politician or even several politicians - nothing will change quickly.

    there's too much red tape in this country anyway - until the government wants to create a tax, if I had it my way - the criminals would actually get punished ( no welfare payments while they are in prison, reduced welfare payments for criminals, and repeat criminals face loosing state benefits - too many career criminal families in this country and too many repeat criminals)

    in this case - the guy has done the crime, he's done the time - system is messed up but cant change the fact that lives have been lost, he has been punished (and has to live with the fact he has killed lives by his actions - some people can move on with their lives others have difficulty) - in my opinion (without reading the facts) - he should have gotten minimum 15yrs (so with our stupid automatic remission it would be at least 10yrs before he gets out)


  • Closed Accounts Posts: 295 ✭✭seanie_c


    Corkbah wrote: »
    the primary difference between murder and manslaughter is premeditation !!

    I understand that but he was driving a vehicle 3 times over the legal limit on the wrong side of the road that killed 4 people.

    Something like that is murder in my opinion.

    And now he's out on the streets again, Ireland is just crazy...
    System is an utter joke.


  • Registered Users, Registered Users 2 Posts: 34,788 ✭✭✭✭krudler


    humbert wrote: »
    What would the extra two years actually achieve?

    Ah yeah sure if you murdered someone and got 25 years after the first year you'd get the jist of it, forget the other 24 away you go, just don't do it again like.


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  • Registered Users, Registered Users 2 Posts: 6,461 ✭✭✭--Kaiser--


    Surely a lifetime ban should be mandatory in such a case? And ten years in prision


  • Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    Supt Cunningham said gardai estimated McArdle had drunk nine pints of beer and five brandies before getting behind the wheel of his BMW, for which he had no insurance.

    May as well get a loaded gun and start randomely firing it into a crowd.
    What sentance would a person get for that I wonder?


  • Registered Users, Registered Users 2 Posts: 10,071 ✭✭✭✭wp_rathead


    humbert wrote: »
    What would the extra two years actually achieve?

    small bit of justice for the grieving family of the four killed due to his recklessness?


  • Registered Users, Registered Users 2 Posts: 251 ✭✭Terry1985


    humbert wrote: »
    What would the extra two years actually achieve?

    it would increase the chances of him bring beaten to within an inch of his life and sugared boiling water forced down his throat by other inmates.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    seanie_c wrote: »
    I understand that but he was driving a vehicle 3 times over the legal limit on the wrong side of the road that killed 4 people.

    Something like that is murder in my opinion.

    And now he's out on the streets again, Ireland is just crazy...
    System is an utter joke.

    I totally agree and from reading the two stories ....driving uninsured in a sports BMW after a feed of drink, refusing to name who was in the car with him - enough said.

    he says he hopes the families can forgive him because he cant forgive himself - hopefully he can turn his life around and do some good - but I doubt it, people dont voluntarily drive around without insurance - that is only done by someone with contempt for the rules of the road and the law.... like I said earlier - should have gotten a minimum of 15yrs so it would be 10 before he is released ...but our automatic remission and lenient sentencing keeps the criminals out on the streets and keeps the government bill down - so politicians are happy


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  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    seanie_c wrote: »
    I understand that but he was driving a vehicle 3 times over the legal limit on the wrong side of the road that killed 4 people.

    Something like that is murder in my opinion.

    And now he's out on the streets again, Ireland is just crazy...
    System is an utter joke.

    if he gets behind the wheel of a car in the next 8yrs it will show how remorseful he actually is.

    could be a good story for the Sunday Indo ;)


  • Registered Users, Registered Users 2 Posts: 3,068 ✭✭✭Specialun


    Just wondering but if you are remorseful in prison do you get a better sky TV package?


  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    humbert wrote: »
    What would the extra two years actually achieve?

    It would protect the rest of us - and our children - from feckless hardened criminals like him.

    It would focus the attention of the rest of the slap head don't give a s**t " community" hat there are real consequences to their actions . They don't care about other peoples lives nd safety, perhaps a dose of punitive incarceration will make them realise it's not a good idea to repeatedly break the law - and multiple laws at that .

    We should do as they do in Japan - one named visitor per month, hard labour, no TV's/ phones/cushy cells etc.

    At least our streets would be guaranteed to be safer then. We all know the laws as they currently stand don't work.

    I don't want him to pretend he's sorry ; I want him to pay.


  • Closed Accounts Posts: 4,436 ✭✭✭c_man


    humbert wrote: »
    What would the extra two years actually achieve?

    Sure what's the point in putting him in prison at all


  • Registered Users, Registered Users 2 Posts: 1,032 ✭✭✭McTigs


    What ever about jail, if he had previous violations before aswell as this then it should be a lifetime driving ban. No ifs no buts. The standard of driving and respect for the road and others on it in this country is shockingly poor and this is why, there is is **** all consequences.


  • Registered Users, Registered Users 2 Posts: 14,423 ✭✭✭✭josip


    Maybe if he can't forgive himself as he claims, he will do something appropriate and redemptive.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    It would protect the rest of us - and our children - from feckless hardened criminals like him.

    It would focus the attention of the rest of the slap head don't give a s**t " community" hat there are real consequences to their actions . They don't care about other peoples lives nd safety, perhaps a dose of punitive incarceration will make them realise it's not a good idea to repeatedly break the law - and multiple laws at that .

    We should do as they do in Japan - one named visitor per month, hard labour, no TV's/ phones/cushy cells etc.

    At least our streets would be guaranteed to be safer then. We all know the laws as they currently stand don't work.

    I don't want him to pretend he's sorry ; I want him to pay.

    He's hardly a hardened criminal !!

    no mention of previous convictions - so we have to assume he has none, to me it looks like he was an idiot who drank loads and drove recklessly causing the deaths of several people - should he be taken off the streets (YES), should he be locked up for several years (YES), should he be entitled to automatic remission (NO - automatic remission should be removed let prisoners make an effort to change to get time off for good behaviour)

    we all know our legal/judicial/penal ...infact most of the systems we have in this country need reform (Health, political etc etc) .... problem is those that can make the changes won't because there are too many "friends" who may loose out financially.

    if our government was to concentrate on road safety there would be a blanket enforcement of the laws - unfortunately some of the laws are simply stupid and some are difficult to enforce....so the powers that be don't want to change them.

    I would much rather see the government spend money on making all the bus lanes in the country one colour (if someone is driving in a bus lane - instant fine - no appeal unless you can prove it was not your car), have motion activated cameras at every set of lights recording when they turn amber - if a person goes through a set of lights ... fine issued.
    Anyone drink-driving minimum 10yrs jail - choosing to drink and drive regardless of how little or how much over the limit you are shows you have contempt for others on the roads, if someone wants to goto a pub in a rural area - let the pub organise transport...they can charge their customers if they wish.


  • Registered Users, Registered Users 2 Posts: 18,067 ✭✭✭✭fryup


    it sickens me, he must have contacts


  • Registered Users, Registered Users 2 Posts: 14,423 ✭✭✭✭josip


    Corkbah wrote: »
    He's hardly a hardened criminal !!

    no mention of previous convictions - so we have to assume he has none,

    The OP said he had previous convictions

    "the accused had previous driving convictions"


  • Registered Users, Registered Users 2 Posts: 9,204 ✭✭✭dodderangler


    You'd get more for not having a telly licence or not picking up after your dog.


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  • Registered Users, Registered Users 2 Posts: 5,238 ✭✭✭humbert


    It would protect the rest of us - and our children - from feckless hardened criminals like him.

    It would focus the attention of the rest of the slap head don't give a s**t " community" hat there are real consequences to their actions . They don't care about other peoples lives nd safety, perhaps a dose of punitive incarceration will make them realise it's not a good idea to repeatedly break the law - and multiple laws at that .

    We should do as they do in Japan - one named visitor per month, hard labour, no TV's/ phones/cushy cells etc.

    At least our streets would be guaranteed to be safer then. We all know the laws as they currently stand don't work.

    I don't want him to pretend he's sorry ; I want him to pay.

    A longer suspension from driving would serve to protect the community from him better and I don't believe four years in jail would deter anyone from drink-driving more effectively than two.

    The purpose of jail is not retribution.


  • Registered Users, Registered Users 2 Posts: 11,751 ✭✭✭✭For Forks Sake


    You'd get more for not having a telly licence or not picking up after your dog.

    No. No you wouldn't.


  • Registered Users, Registered Users 2 Posts: 1,014 ✭✭✭MonaPizza


    seanie_c wrote: »
    I understand that but he was driving a vehicle 3 times over the legal limit on the wrong side of the road that killed 4 people.

    Something like that is murder in my opinion.

    And now he's out on the streets again, Ireland is just crazy...
    System is an utter joke.

    The fool probably didn't know what side of the road he was on or was so trashed he probably doesn't remember any of it. That he was on the wrong side of the road is hard to equate to the intention of killing someone with his car. Ramming a car and killing someone or driving after them, knocking them down and reversing over them and killing them is most definitely murder. Killing someone in an accidental car crash (even if drunk) can really only be classed as vehicular manslaughter.


  • Registered Users, Registered Users 2 Posts: 1,148 ✭✭✭MickFleetwood


    humbert wrote: »
    What would the extra two years actually achieve?

    What does leaving him out after two years achieve considering he got completely drunk, got in a car and killed four people? :rolleyes:


  • Closed Accounts Posts: 4,339 ✭✭✭Artful_Badger


    humbert wrote: »
    What would the extra two years actually achieve?

    He served time in jail, no licence for 12 years and has to live knowing he killed his pals. He's not exactly getting off lightly to live his life while the families try pick up the pieces.

    An extra two years inside wouldnt achieve anything else imo. But thats not to say though that people should be serving half their sentences. Sentencing and time served in this country is a joke for the most part.


  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    He served time in jail, no licence for 12 years and has to live knowing he killed his pals. He's not exactly getting off lightly to live his life while the families try pick up the pieces.

    An extra two years inside wouldnt achieve anything else imo. But thats not to say though that people should be serving half their sentences. Sentencing and time served in this country is a joke for the most part.

    IMO he should have got 12 years in Jail and then 12 more off the road whe/if he gets out.:mad:


  • Closed Accounts Posts: 5,221 ✭✭✭NuckingFacker


    I'd be glad to see him out if this had been my wife.. we could chat.


  • Registered Users, Registered Users 2 Posts: 1,312 ✭✭✭patrickbrophy18


    The fact of the matter is he had a previous conviction for drink driving. Also, there have been countless advertising campaigns in Ireland and internationally to deter people from getting behind the wheel of a car if any alcohol is consumed. In spite of these two facts, Kevin McArdle still decided to drive when he was many times over the legal limit and four deaths were the direct result if it. In effect, he broke one law (drink driving) only to break another law four fold (manslaughter murder of Roisin Connolly and her family) having broken another law (driving on the wrong side of the road) in the interim. Here* is an example of the long term pain drink driving can cause.

    *: Viewer discretion is advised as the video is extremely graphic which some may find distressing. For this reason, I didn't embed the video into this post!

    Bottom line, never ever drink and drive!


  • Registered Users, Registered Users 2 Posts: 36,434 ✭✭✭✭LuckyLloyd


    seanie_c wrote: »
    I understand that but he was driving a vehicle 3 times over the legal limit on the wrong side of the road that killed 4 people.

    Something like that is murder in my opinion.

    And now he's out on the streets again, Ireland is just crazy...
    System is an utter joke.

    Actually, it seems like you don't seem to understand judging by the rest of your post.


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  • Registered Users, Registered Users 2 Posts: 334 ✭✭Mahogany Gaspipe


    Specialun wrote: »
    Just wondering but if you are remorseful in prison do you get a better sky TV package?
    Just saw a picture of him there; fine set of lugs on him, he could probably receive many sky channels from them if he knew which part of the sky to point them towards.


  • Registered Users, Registered Users 2 Posts: 9,204 ✭✭✭dodderangler


    No. No you wouldn't.

    Clearly couldnt accept a sarcastic post there


  • Registered Users, Registered Users 2 Posts: 152 ✭✭doulikeit


    I'd be glad to see him out if this had been my wife.. we could chat.
    i remember this had to take detour that day, wonder if judges were brought to the scenes of these horrific accidents and seen first hand the carnage would their sentencing become more appropriate


  • Registered Users, Registered Users 2 Posts: 21 freetoall


    I think the way he feels everyday is worse than jail it has to be.


  • Registered Users, Registered Users 2 Posts: 313 ✭✭auditek923


    hes out and walking around with his head held high. waving at everyone and smiling. he was on the beer the day he got out i heard.


  • Closed Accounts Posts: 4,713 ✭✭✭HondaSami


    Terry1985 wrote: »
    it would increase the chances of him bring beaten to within an inch of his life and sugared boiling water forced down his throat by other inmates.

    These other inmates are in prison because they are guilty so what makes them better than him?
    fryup wrote: »
    it sickens me, he must have contacts

    Why don't you contact the judge and ask him instead of making assumptions?


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  • Registered Users, Registered Users 2 Posts: 1,019 ✭✭✭carlmango11


    The fact that he had previous convictions loses him any shred of sympathy I had for him. He clearly doesn't give a f*ck about who he harms. Deserves a few more years and a lifetime driving ban.


  • Registered Users, Registered Users 2 Posts: 329 ✭✭dvet


    It's rumoured locally that when the guards got to the scene of the crash, with all the horrific scenes going on around him, and him blind drunk, the thing he was most upset about was the fact that his precious BMW was written off. That is not a joke.


  • Closed Accounts Posts: 5,628 ✭✭✭Femme_Fatale


    freetoall wrote: »
    I think the way he feels everyday is worse than jail it has to be.
    Not sure how much of a conscience a person would have at all really if they drive their car after a lash of pints and brandies. I'm sure he feels bad about not getting away with it though.


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 93,581 Mod ✭✭✭✭Capt'n Midnight


    humbert wrote: »
    A longer suspension from driving would serve to protect the community from him better and I don't believe four years in jail would deter anyone from drink-driving more effectively than two.

    The purpose of jail is not retribution.
    Do you mean that those people would still be alive if he'd been imprisoned for any of his previous convictions because rehabilitation always works ??

    One function of prison is to keep certain people off the streets.





    http://www.independent.ie/irish-news/drunk-driver-who-killed-three-says-hell-never-forgive-himself-26783469.html
    Judge John O'Hagan said the fact that McArdle was driving a high-performance car without insurance, coupled with the drinking, smacked of "somebody who has utter contempt for what happens."


    McArdle, who pleaded guilty to dangerous driving causing death, was handed a four-year jail sentence yesterday at Carrickmacross Circuit Court, with the final year suspended.
    4 years
    but one suspended
    and 1/3rd for good behaviour

    so no surprise there at all.

    It's not quite the same as the Sheedy case


  • Registered Users, Registered Users 2 Posts: 86,729 ✭✭✭✭Overheal


    thing is, its always seemed to me the irish system of just is centered around rehabilitation vs. retribution. Bothers the hell out of me, especially when it doesn't always work. THen again, the retributive approach doesnt always work either.

    but being a democracy I find it interesting that all these threads are the same: the slice of the population that is sampled in this forum (which face it, doesn't directly sample the irish populace) all seem to prefer retributive methods. why then isn't the system changed?


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  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    humbert wrote: »
    A longer suspension from driving would serve to protect the community from him better and I don't believe four years in jail would deter anyone from drink-driving more effectively than two.

    The purpose of jail is not retribution.

    It should be.

    Bans are not policed and no system of enforcing them effectively exists.

    He was already banned and convicted for drink driving 3 times.

    Lock him up & throw away the key.
    Pity, chances & understanding have repeatedly had no impact on him , & left a family destroyed & loved ones killed.

    No more time for bleeding heart criminal sympathisers & criminal scum.


  • Closed Accounts Posts: 1,305 ✭✭✭131spanner


    Four years in itself seemed a bit soft, not to mind two!

    People have done 2 years in prison for far less. Madness to think you can get away with serving 6 months per person you've killed.


  • Registered Users, Registered Users 2 Posts: 5,238 ✭✭✭humbert


    Do you mean that those people would still be alive if he'd been imprisoned for any of his previous convictions because rehabilitation always works ??

    One function of prison is to keep certain people off the streets.
    I'm assuming the thrust of that is that two extra years in jail would mean two more years without people being at risk from him because rehabilitation doesn't always work. Can't argue, the parole board made a decision and I hope they made the right one.

    I think Ireland needs to clamp down very hard on what are viewed as minor crimes. All drink drivers should be viewed in much the same way as someone drunkenly firing a gun in a public place whether they got home safely or not, the intent is the same. I simply object to the frothing-at-the-mouth rage, encouraged by rags like the Independent, because this man received the same treatment as everyone else who's ever been convicted of a crime.
    It should be.

    Bans are not policed and no system of enforcing them effectively exists.

    He was already banned and convicted for drink driving 3 times.

    Lock him up & throw away the key.
    Pity, chances & understanding have repeatedly had no impact on him , & left a family destroyed & loved ones killed.

    No more time for bleeding heart criminal sympathisers & criminal scum.

    I think oppositely. Road traffic laws and bans need to be enforced much more stringently. I would sooner direct my anger at a system that allows people like this man to drive around uninsured than seek to see individuals punished more severely after the fact.


  • Registered Users, Registered Users 2 Posts: 93 ✭✭redtapestyl


    I wonder will this guy ever be in the papers again in the future.. .


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 93,581 Mod ✭✭✭✭Capt'n Midnight


    humbert wrote: »
    I'm assuming the thrust of that is that two extra years in jail would mean two more years without people being at risk from him because rehabilitation doesn't always work. Can't argue, the parole board made a decision and I hope they made the right one.
    Do we have stats on recidivism by those who drive drunk without insurance while banned ?

    Do we have stats on the numbers of road deaths/injuries caused by people who should not have been on the roads because they were banned ?

    Might be an easy way for the RSA to do some good.






    I think Ireland needs to clamp down very hard on what are viewed as minor crimes. All drink drivers should be viewed in much the same way as someone drunkenly firing a gun in a public place whether they got home safely or not, the intent is the same.
    AFAIK In France all RTA fatalities are treated as manslaughter until they decide whether to prosecute or not.


  • Registered Users, Registered Users 2 Posts: 14,006 ✭✭✭✭Zebra3


    He served time in jail, no licence for 12 years and has to live knowing he killed his pals.

    Maybe he doesn't give a toss about that.

    Hardly an excuse for such a lenient sentence for a multiple killer.


  • Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    I wonder will this guy ever be in the papers again in the future.. .

    Hopefully not on the same roads as my family!


  • Registered Users, Registered Users 2 Posts: 89,020 ✭✭✭✭JP Liz V1



    Mr McArdle was described as an "exemplary prisoner" by his barrister Michael
    O'Higgins Senior Counsel who asked the court to consider a suspended sentence
    with community service type work instead of going back to jail.

    Community service for killing 4, only in Ireland :rolleyes:


  • Registered Users, Registered Users 2 Posts: 230 ✭✭robz150




  • Closed Accounts Posts: 4,652 ✭✭✭I am pie


    Another year. Nothing.

    Spent the year with the threat of a return to jail supposedly sorting out his drinking problem, nothing happened, so he goes back for a year. States that he had a lapse in concentration and would still continue to drink and drive (a few pints) rather than stop altogether.

    Grade A moron.


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