Guilty of unprovoked metal bar attack - walks free

lightspeed

Yet again, we live in country where it is seen as almost morally wrong to jail somebody for a vile violent crime. The below sounds more like attempted murder and he walks a free man.

http://www.independent.ie/irish-news/courts/teacher-weeps-in-court-as-her-attacker-walks-free-29783407.html

"A FEMALE teacher wept in court as the security guard of a ghost estate who carried out an unprovoked and savage attack on her walked free.

Alan Kilmartin (33) had pleaded guilty to assault causing harm of the woman at Acha Bhaile, Lahinch Road, Ennis on March 2, 2012.

He came into her home late in the evening and repeatedly hit her across the head with a metal bar. But Kilmartin, of Davitt Terrace, Cloughleigh, Ennis, walked free after Judge Carroll Moran imposed a suspended three-year sentence.

In the incident, Kilmartin called to the woman's home between 8.30pm and 9pm on the pretext of telling her that youths were interfering with her car, and asked her to check her water pressure.

However, after the woman had checked the water pressure, Mr Kilmartin had moved into her hallway and began to strike the woman repeatedly across the head with a metal bar.

Kilmartin repeatedly hit his victim across the head with the metal bar and the court was told that Mr Kilmartin kept telling the woman to "shut up, shut up" as he continued to hit her across the head.

After the man carried out the attack, he told the woman: "I'm sorry for what I have done" and "You call the gardai".

Shortly afterwards he left the apartment.

Father-of-two Kilmartin spent 22 days in the acute psychiatric unit in Ennis after the attack.

In her victim impact statement, the woman said: "People say I'm lucky to be alive. I don't feel lucky. I was attacked in my home and I feel that that memory will always haunt me."

Recalling the attack, the woman said: "I fell to my knees and Mr Kilmartin kept hitting me over the head with the bar. It was incessant and I thought he would not stop until I was dead."

She said: "I believe his motives that night was to concuss me and to rape me."

The victim suffered very serious bruising to her head, three very severe lacerations and fractures to her fingers.

Consultant psychiatrist, Dr John O'Mahony said that Kilmartin was suffering from a depressive disorder at the time of the attack and "is extremely remorseful".

Dr O'Mahony said that Kilmartin "can't explain his actions. It is abhorrent to him".

Dr O'Mahony said that a colleague thought Kilmartin's actions may be connected to para-somnia that is associated with people suffering from sleep disorders.

He said that no finding was made in this regard, however.

Kilmartin told the court yesterday: "I am sorry for my actions."

At Ennis Circuit Court, Judge Moran said: "It was a very savage attack. The injured party was very severely traumatised and she suffered very serious trauma."

Judge Moran said that Kilmartin has "no other convictions and he lost his job".

He said: "This was very odd behaviour and very difficult to understand and this is why I was interested to obtain the psychiatric evidence."

Judge Moran suspended the jail term on condition that Kilmartin complies with all requirements as set out by Dr O'Mahony.

The victim declined to comment when leaving court."

:mad::mad:
I dont think it is a coincidence that the prisons are overcrowded, the country is flat broke and the judges in this country do all within their power to prevent themselves the inconvenience of punishing vile and violent crimes.

washman3

Banana Republic.:mad:

meoklmrk91

What the actual ****?

Seriously so someone can come into my home, assault me with a potentially deadly weapon and walk free. I feel really sorry for this woman, after going through all this and then having to go back into court and drag the whole thing back up again and he gets a suspended sentences? Seriously what is the point of being a law abiding citizen in this country?

dpofloinn

Welcome to Ireland,a land where scumbags can do as they please because there will be no reprecussions .There is no law unless you are an ordinary law abiding citizen, then we will come down on you like a ton of bricks

Femme_Fatale

washman3 wrote: »

Banana Republic.:mad:

Interesting take. http://en.wikipedia.org/wiki/Banana_republic

Poor woman. Suspended sentence, even if the guy was temporarily insane when he did it, seems grossly unjust.

meoklmrk91 wrote: »

Seriously so someone can come into my home, assault me with a potentially deadly weapon and walk free.

Probably not as simple as that.

dpofloinn wrote: »

There is no law unless you are an ordinary law abiding citizen, then we will come down on you like a ton of bricks

For what? Just being an ordinary law abiding citizen?

dpofloinn

Femme_Fatale wrote: »

For what? Just being an ordinary law abiding citizen?

OK so pedantic Pat(ricia) I will edit that just for you it so it will read ordinary citizen as you seem to have taken issue with my phrasing

RDM_83 again

I do not agree with the sentencing, the fact that its only 3 years seems low he should have been sentenced to a higher amount even if the sentence was suspended so he would have to comply with any court ordered psyciatric treatment for the foreseeable future.

My point being if his defense and the judges ruling is legitimate shouldn't he be mandated to prevent a possible re-occurrence for longer than simply 3 years.

I would guess this added to his defense/ the interpretation of a psychiatric issue being the cause.

After the man carried out the attack, he told the woman: "I'm sorry for what I have done" and "You call the gardai"

Kikin

Clear error of judgement made in our courts yet again, whether the man has a psychiatric disorder or not he should not be walking the streets now

131spanner

Proves again that insanity is the best defence. He should have been put away for a long, long time.

mikom

What's everybodies problem?
We need the space in the prisons for the more dangerous offenders.

Figures released from Alan Shatter, the justice minister, show 132 people were jailed for failure to pay TV licence fines.
Between March and December last, 132 people received jail sentences.

http://www.irishexaminer.com/news/surge-in-jail-terms-linked-to-tv-licences-180932.html

#backwardsland

Filibuster

FFS didn't we vote on this in a referendum not so long ago. Start docking the pay of these non-performing judges.

Borderfox

Have to say I would be outside the court waiting on him with a similar sized metal bar

Beavishead

Would it make you happier if an angry mob was allowed to beat him to death?

shedweller

Beavishead wrote: »

Would it make you happier if an angry mob was allowed to beat him to death?

I'd be mildly alarmed. I think an equal beating would be better. At least precedent has been set and we now know we won't go to jail for it. Just say we were in a fugue state and all will be well. Except for yer mans face of course.

Deliverance XXV

Am I the only person that thinks this should've been trialled as attempted murder?

An unprovoked attack with premeditated intent (carrying metal bar...), entering her home with said weapon and hitting her repeatedly over the head. Three years suspended. Seriously? Insane or not, this guy should not be walking the streets.

I wish the Justice Department had a set of balls to suspend the Judge and retrial the offender. Set some sort precedent and authority to protect the general citizen.

Wibbs

mikom wrote: »

What's everybodies problem?
We need the space in the prisons for the more dangerous offenders.

Ahh but Mik, that's defrauding the state and you really don't want to be encouraging that in society, so as long as you pay your taxes like a good little citizen then you'll be OK. Beat people up, rob them? You'll be grand.

suicide_circus

Misleading title.
Thought this was about a scrap in fibbers

Borderfox

Beavishead wrote: »

Would it make you happier if an angry mob was allowed to beat him to death?

Not really, I will stick with my original statement

Will those people who appeal these things appeal it maybe
Dept of somethingorother

petrolcan

Borderfox wrote: »

Have to say I would be outside the court waiting on him with a similar sized metal bar

I'll bet you wouldn't.

anncoates

Will she manage to get a barring order against him?

Chucky the tree

Deliverance XXV wrote: »

Am I the only person that thinks this should've been trialled as attempted murder?

An unprovoked attack with premeditated intent (carrying metal bar...), entering her home with said weapon and hitting her repeatedly over the head. Three years suspended. Seriously? Insane or not, this guy should not be walking the streets.

I wish the Justice Department had a set of balls to suspend the Judge and retrial the offender. Set some sort precedent and authority to protect the general citizen.

Not sure how it could be considered attempted murder when he stopped the attack while she was still concious.

whiskeyman

Do these kinds of judicial outcomes happen in other 'developed' nations, or is just here??

Amirani

whiskeyman wrote: »

Do these kinds of judicial outcomes happen in other 'developed' nations, or is just here??

It's not just here. Some people like to convince themselves that's the case though for some reason?

chopper6

Chucky the tree wrote: »

Not sure how it could be considered attempted murder when he stopped the attack while she was still concious.

Very decent of him.

He attacked a woman by beating her on the head with a metal object....did it not occur to him that one blow to the head can cause death?

An injury to the head can cause delayed swelling or clotting in the brain so she may have been consious when he nicely called off the attack but she could have died later on.



If she's died without him intending her to the charge would have been murder or manslaughter...if she's been left with irreperable braindamage do you still feel he acted like a hero in stoppingthe assault before atual death.

In america this would be considered assault with a deadly weapon or attempted murder in the first degree( premeditated and using a weapon)....he could have been looking at a possible life sentence in some states.

As far as i'm concerned people like him should rot in jail.

Chucky the tree

chopper6 wrote: »

Very decent of him.

He attacked a woman by beating her on teh head with a meatal object....did it not occur to him that one blow to the head can cause death?

If she's died without him intending her to the charge would have been murder or manslaughter...if she's been left with irreperable braindamage do you still feel he acted like a hero in stoppingthe assault before aftual death.

In america this would be considered assault with a deadly weapon or attempted murder in the first degree( premeditated and using a weapon).

As far as i'm concerned people like him should rot in jail.

You need to go back to school and learn to read or else basic comprehension skills.

kowloon

She could always go smash him up with a metal bar. She can say she has a psychiatric issue caused by that one time someone tried to kill her with a metal bar. She'd get a suspended sentence and the counselling she probably needs anyway for free.

I will never understand how so few cases are tried as attempted murder.
Stabbing (not slashing, other than the neck.
Hammer
Machete
Head-stamping
Blunt weapon use on the head.
I keep coming across cases involving such things that are prosecuted only as assault and the excuse is that a jury wouldn't find them guilty of more.

Ugh, this country.

chopper6

Chucky the tree wrote: »

You need to go back to school and learn to read or else basic comprehension skills.

What's my schooling got to do with this thread?

chopper6

Deleted User wrote: »

I will never understand how so few cases are tried as attempted murder.
Stabbing (not slashing, other than the neck.
Hammer
Machete
Head-stamping
Blunt weapon use on the head.
I keep coming across cases involving such things that are prosecuted only as assault and the excuse is that a jury wouldn't find them guilty of more.

Ugh, this country.

One punch can kill somebody...you can hit the back of your skull off the grounnd and be dead in ten minutes.

Using weapons in an unprovoked assault should be treated as attempted murder.

chopper6

chopper6 wrote: »

One punch can kill somebody...you can hit the back of your skull off the grounnd and be dead in ten minutes.

Using weapons in an unprovoked assault should be treated as attempted murder.

So clipping someone's shins with a hurley stick is attempted murder?

Amirani

chopper6 wrote: »

What's my schooling got to do with this thread?

You either ignored or completely misinterpreted a fairly significant part of the article.

Amirani

chopper6 wrote: »

One punch can kill somebody...you can hit the back of your skull off the grounnd and be dead in ten minutes.

Using weapons in an unprovoked assault should be treated as attempted murder.

This is completely bizarre reasoning.

yizorselves

Thats a ****in joke. The Judge deserves to get a similar beating in their own home

giles lynchwood

Could it be that at one time in their career's they were defending these scum and in some warped way believe the utter crap they hear.
Then again on reflection a more plauseable excuse would be Judges are always ,either drunk or suffering from a hangover.Once again I say,Judges should be elected on a yearly basis.

jmayo

The sooner that a few members of our judges families experience one of these assaults, rapes, or murders the better for all of us.

As it is our judicary are totally removed from the effects and after effects of these crimes and just seem to side with the guilty giving them the benefit of the doubt.

The going rate for murder now is about 10 years after you work in remission and the like.
Kidnap, rape and attempted murder is the same as was highlighted by one mr murphy.

Perhaps the judicary and out justice system need to see some real justice done by us the people to show them if they are unwilling to carry it out we aren't.

chopper6

NiallSparky wrote: »

This is completely bizarre reasoning.

Do you think so?

If i stab you in the body with a knife and the paramedics manage to save you before you actually bleed to death do you think everything is fine and dandy?


If i hit you in the head with an iron bar....what do i intend happens?
If you dont die that is...We shake hands and it's all forgotten about?

Raging_Ninja

Dont see what all the fuss is about. Sure if we locked up all the criminals how would the lawyers feed their families?

I am pie

Unless the requirements of Dr Mahony are to have this dangerous criminal held in a secure treatment centre then Dr Mahony is as culpable as the simpering fool of a judge here.

Man batters a woman around the head, comes to his senses (allegedly) apologies and calmly walks out. Makes no apology in court. No findings confirmed around his potential mental condition so we let him walk free only to comply to the requirements of Dr Mahony.

Inept. Dangerously inept.

chopper6

Deleted User wrote: »

So clipping someone's shins with a hurley stick is attempted murder?

And you'd do that in an unprovoked attack WHY?

vicwatson

Ah sure in this country you can do what you want, go to court, plead temporary insanity then go back to your pint down the local.

Simples

yizorselves

It is AH chopper6. High probability you're being trolled. Well I hope so

weisses

Hmmm interesting defense

Must remind that next time I'm pulled over by the guards

joeguevara

jmayo wrote: »

The sooner that a few members of our judges families experience one of these assaults, rapes, or murders the better for all of us.

As it is our judicary are totally removed from the effects and after effects of these crimes and just seem to side with the guilty giving them the benefit of the doubt.

The going rate for murder now is about 10 years after you work in remission and the like.
Kidnap, rape and attempted murder is the same as was highlighted by one mr murphy.

Perhaps the judicary and out justice system need to see some real justice done by us the people to show them if they are unwilling to carry it out we aren't.

Wrong! But always gets trumped out on AH. The average time spent in prison in Ireland for murder is 17 years. Again this is time spent.

Chucky the tree

chopper6 wrote: »

What's my schooling got to do with this thread?

It's important because you can't seem to understand people.

Akrasia

Here's a question for the After Hours community.

If someone is genuinely 'non compos mentis' and does something violent that is completely outside of character, should that person be held criminally responsible for that action?

By 'non compos mentis' I mean an incident where the individual is acting in a way that he/she is not able to control using his normal mental faculties.

What is the main purpose of Prison. Is it to get revenge on people who have done wrong?
Is it to keep ordinary citizens safe from dangerous criminals?
Is it to punish criminals?
Is it to re-habilitate criminals?
Or is it a mixture of the above.

If someone who was totally non compos mentis (through no fault of their own) and that person assaulted you and caused you serious harm. Do you have the right to insist that this person is thrown into prison to make amends for the pain you have suffered? Or should the main concern be to make sure that the person is safe enough to not pose a risk to him/herself or others in the future?

in this case, the court heard the opinion of psychiatrists and concluded that the man may not have been in control of his actions due to the effects of depression and a sleep disorder. He is under supervision of the psychiatric services and if he does not comply, he will be sent to prison.

chopper6

Chucky the tree wrote: »

It's important because you can't seem to understand people.

Whats this got to do with the topic in hand?

Chucky the tree

chopper6 wrote: »

Whats this got to do with the topic in hand?

Generally when discussing things it's important to be able to understand what the other person says.

Raging_Ninja

Akrasia wrote: »

Here's a question for the After Hours community.

If someone is genuinely 'non compos mentis' and does something violent that is completely outside of character, should that person be held criminally responsible for that action?

By 'non compos mentis' I mean an incident where the individual is acting in a way that he/she is not able to control using his normal mental faculties.

What is the main purpose of Prison. Is it to get revenge on people who have done wrong?
Is it to keep ordinary citizens safe from dangerous criminals?
Is it to punish criminals?
Is it to re-habilitate criminals?
Or is it a mixture of the above.

If someone who was totally non compos mentis (through no fault of their own) and that person assaulted you and caused you serious harm. Do you have the right to insist that this person is thrown into prison to make amends for the pain you have suffered? Or should the main concern be to make sure that the person is safe enough to not pose a risk to him/herself or others in the future?

in this case, the court heard the opinion of psychiatrists and concluded that the man may not have been in control of his actions due to the effects of depression and a sleep disorder. He is under supervision of the psychiatric services and if he does not comply, he will be sent to prison.

The priority is protecting others in society. If we let them out in my opinion they need to be rehabilitated, otherwise whats the point - they'll just do it or something worse again, so may as well keep them locked up.

chopper6

Chucky the tree wrote: »

Generally when discussing things it's important to be able to understand what the other person says.

I'm commenting on the case in hand....you're sniping at me.

zenno

This case should be reviewed by the DPP because of the lenient sentence, just like the recent other ones were. It boggles my mind how any judge can be so lenient in a case like this. :mad: