Is this justice?, man gets suspended sentence for robbing elderly man TWICE!

Patrick2010

http://www.independent.ie/irish-news/courts/man-who-robbed-terrified-pensioner-68-who-later-cycled-30-miles-to-check-into-nursing-home-avoids-jail-31082731.html

A man who robbed a pensioner twice with others, causing the 68-year-old to cycle 30 miles through the night in terror to check himself into a nursing home, will avoid jail for a second time despite an appeal by prosecutors.

Joseph Lernihan (22), with an address at Finnuremore Park, Mullagh, Co Clare, had pleaded guilty to two counts of robbery at the home of the then 68-year-old Michael McMahon in his home on two occasions in February 2012.
On March 3 2014, Judge Carroll Moran at Ennis Circuit Criminal Court gave Lernihan an entirely suspended three-year sentence, ordered him to pay €3,780 compensation and ordered that a Volkswagen Passat he purchased with the proceeds of his crime be forfeited.
The Director of Public Prosecution appealed Lernihan's sentence on grounds that it was unduly lenient and while the Court of Appeal found the trial judge had erred, the court put the matter back one week to assess his suitability for community service.
Giving background to the case Mr Justice George Birmingham said Michael McMahon live alone in a rural part of West Clare.
It seemed his lifestyle was quite a simple one, the judge said. His house had neither water or electricity and he had carried out temporary repairs on his home following the first robbery by placing blocks of turf where the windows had been broken.
On the first occasion, Lernihan went with a number of others to the home of Mr McMahon, broke a number of windows and demanded money. Mr McMahon was terrified and handed over three jars containing €4,000 through the broken windows.
The next day Mr McMahon went to the bank and withdrew €3,000 euro. He had inherited a sum of money from a relative in the US and his practice was to withdraw sums and to live off the sum for a period of months.
Four days later, Lernihan and others returned to the home of Mr McMahon. A pipe like object made to resemble a gun was pushed through the windows, Mr McMahon was told it was a gun and if he left the room he'd be shot. This time €3,000 was taken.
Those involved carried out a search and located the €3,000. They also came across his bank book and when they saw the figures they told him to withdraw €50,000 and have it ready for their return.
Mr McMahon was terrified, Mr Justice Birmingham said, and he resolved that he could no longer stay in his home. He got on his bike and cycled to a nursing home in Ennis 30 miles away where staff urged him to report the matter to gardaí.
The bachelor has to this day never returned to his home. “From a situation of living independently he now lives in a nursing home,” Mr Justice Birmingham said.
He had not reported the first incident at the time becuase he was warned by the robbers not to and there would be consequences if he did, the judge said.
A garda investigation followed, Lernihan was arrested and detained and during the course of his detention he admitted his involvement in both robberies and that he had used €1,000 from the share of the proceeds to buy a Volkswagen Passat.
Mr Justice Birmingham said the admissions that were made were of considerable value and wihtout those admissions it's unlikely the case would have ever gone to trial and the admissions were followed up by an early plea.
He noted that the single individual most culbable has not been made amenable to the courts becuase he exericsed his right to silence.


So it seems the ringleader and the other robbers escaped because Mr Lernihan wouldn't name them and yet he still got a suspended sentence??

Cee-Jay-Cee

The law is an ass. The judge us a bigger one. I sincerely hope some of the judges family or himself have to suffer what that poor man had to go through and maybe then they'd come down from their pampered pedestals and impose proper sentences on cowardly bastard scum that terrorise the elderly.

Kevin McCloud

The law needs reforming urgently.

Duggy747

A right little scummer who still did scummy things at a festival while he was on bail for robbing the man

Indo

At Ennis District Court yesterday, Mr Lernihan pleaded guilty to two separate public order offences and a count of criminal damage committed at the Lisdoonvarna Match-Making festival on September 22nd last year.

The offenses were committed while Mr Lernihan was on bail for the McMahon robbery.

Judge Patrick Durcan told Mr Lernihan that he had showed complete contempt for gardai when asked about the incident at the match-making festival last September.

Insp Tom Kennedy said that the case involved an unusual set of events in the early hours of September 22nd last where Mr Lernihan, in a very drunken state, got into the back seat of a parked car driven by someone he didn't know.

Insp Kennedy said that words were exchanged between Mr Lernihan and driver, Gerald O'Connor, from Kinvara, and Mr Lernihan took his anger out on the car, kicking it a number of times and causing ¿600 worth of damage.

Insp Kennedy also revealed that the compensation had been paid in full.

In evidence, Mr O'Connor said that Mr Lernihan hopped into the car and then asked that he race out the road and perform "doughnuts"

He added: "I told him to get out of the car and he became very aggressive."

GAAman

Anyone who truly expects justice from the Irish judiciary and legal system, hasn't been paying attention.......ever

Satriale

Aghhhhhhh...

YFlyer

Justice Moran has been inconsistent over the years. That guy is lucky he didn't burn a house down.

Mint Aero

Looks like a soft tub of buttery lard. Even has chubby girl lips. Lol. Loser.

Buona Fortuna

GAAman wrote: »

Anyone who truly expects justice from the Irish judiciary and legal system, hasn't been paying attention.......ever

I always get the feeling though that the day I get pinched for something: no NCT, lighting a bonfire, chopping down a tree without the licence * - is the day thet it gets fixed and I end up in pokey.


* Completely ficticious events stated for an internet discusion. No guilt is implied or accepted

dandyelevan

Was only up in Court once in my life as a defendant.
Driving without a qualified driver without having a full licence holder with me.
(This was 1971)
I was an Army driver at the time, fully trained, test passed and my probationary months driving completed and issued with my Army Drivers License AF 154 permitting me to drive to drive all rigid bodied Army Trucks, Army Land-rovers, and Army saloon cars (unaccompanied)

Anyway, I was stopped by a Guard in Mullingar town in my civilian car and summoned.

The Judge nearly had a seizure when I attended Court in uniform, as was the law at the time for soldiers.
He stopped short at confiscating my old Morris Minor car, but, as he said himself, frothing at the mouth...'I'm going to throw the book at you'...and the bewildered old bollix did exactly that.
I was fined the total of two weeks pay, which for a newly married young lad with a mortgage was a disaster.
At that time, the Army test, Driver's Course, etc, was not recognized by the State Licensing Authority (the very same State that trained me to drive Army vehicles!)

MarkAnthony

Guys and Gals, I hope you get your way. Let's remove any incentive for an early plea, run the courts 24/7 and quadruple the size of the law library.

90% of people plead guilty, this save the exchequer millions, if not billions each year. If you remove that incentive yipee, more work for me in a few years. The fact that'll I'll be paying a 75% tax rate on it is beside the point.

The sentence was suspended, boyo only needs put a foot wrong again and slammer time - I'd join the outrage if that wasn't or isn't the case. As it stands a perhaps lenient but by no means bonkers decision, don't let that stand in the was of a good furor though of people who haven't bothered to think this through.

rubberdiddies

MarkAnthony wrote: »

Guys and Gals, I hope you get your way. Let's remove any incentive for an early plea, run the courts 24/7 and quadruple the size of the law library.

90% of people plead guilty, this save the exchequer millions, if not billions each year. If you remove that incentive yipee, more work for me in a few years. The fact that'll I'll be paying a 75% tax rate on it is beside the point.

The sentence was suspended, boyo only needs put a foot wrong again and slammer time - I'd join the outrage if that wasn't or isn't the case. As it stands a perhaps lenient but by no means bonkers decision, don't let that stand in the was of a good furor though of people who haven't bothered to think this through.

Habitual or career criminals plead guilty because they know there is a strong chance that they won't do any jail time. The should not be rewarded for pleading guilty to the extent that they have no punishment whatsoever.

The law in this country is an ass but no legislator has the balls to do anything about it.

The guards will tell you that they are so frustrated. They spend hours on arrests, paperwork and court appearances only for a career criminal to be sent home with a rap on the knuckles.

I'm a believer that after 3 convictions legal aid should be removed completely.
When these people know it will literally cost them nothing to do crime yet chances are it will pay them well, then there really is no incentive to stop

MarkAnthony

rubberdiddies wrote: »

Habitual or career criminals plead guilty because they know there is a strong chance that they won't do any jail time. The should not be rewarded for pleading guilty to the extent that they have no punishment whatsoever.

The law in this country is an ass but no legislator has the balls to do anything about it.

Agreed there, although in this case it's not that there was no punishment. But granted there should be harsher fines and compensation to victims, unfortunately prison isn't the answer. Judges are precluded from legislating from the bench, honestly I think the CJS would be a better, if more unpredictable, place if they were allowed to!

rubberdiddies wrote: »

The guards will tell you that they are so frustrated. They spend hours on arrests, paperwork and court appearances only for a career criminal to be sent home with a rap on the knuckles.

Agreed, I'm not indifferent to the issue. I'm afraid that the community might need to take action. Not a fan of vigilante justice but some of these little scumbags need to be taught a lesson.

rubberdiddies wrote: »

I'm a believer that after 3 convictions legal aid should be removed completely.
When these people know it will literally cost them nothing to do crime yet chances are it will pay them well, then there really is no incentive to stop

Unfortunately this flies in the face of justice and fairness. That said I'm with any reduction of state benefits for contributing to the costs of a case.

Augmerson

rubberdiddies wrote: »

Habitual or career criminals plead guilty because they know there is a strong chance that they won't do any jail time. The should not be rewarded for pleading guilty to the extent that they have no punishment whatsoever.

The law in this country is an ass but no legislator has the balls to do anything about it.

The guards will tell you that they are so frustrated. They spend hours on arrests, paperwork and court appearances only for a career criminal to be sent home with a rap on the knuckles.

I'm a believer that after 3 convictions legal aid should be removed completely.
When these people know it will literally cost them nothing to do crime yet chances are it will pay them well, then there really is no incentive to stop

Why is that? Who could stop law reform?