Drink driver appeals and gets s reduced sentence

brickmauser

A drunken scumbag who was langered on cider and caused a fatal crash that killed a four year old boy in 2014 appealed and got two years suspended from an 8 year sentence.

The judge said it was because he showed remorse and to incentivise rehabilitation?

http://www.irishtimes.com/news/crime-and-law/drunk-driver-jailed-over-death-of-boy-has-sentence-cut-1.2841235

Can someone please enlighten me on the reasoning behind such a batsh*t crazy decision?

What kind of muppets are there running our legal system?

Atlantic Dawn

Up to 10 pints too that he drank, wasn't a case of going over after a pint on an empty stomach. I presume the 20 year driving ban still stands?

He jailed O’Rourke for seven years and six months and disqualified him from driving for 20 years. The drink driving charge was marked proven and taken into consideration.

http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/drunk-driver-jailed-for-seven-and-a-half-years-over-crash-that-killed-boy-4-1.2415230

hullaballoo

brickmauser wrote: »

Can someone please enlighten me on the reasoning behind such a batsh*t crazy decision?

What kind of muppets are there running our legal system?

Moderator: I don't know what you think this forum is for but it isn't for abusing legal professionals and it certainly isn't for undermining the judiciary. In fact, that sort of sihtposting is contempt of court and specifically against the forum charter (and site rules.)

The reasoning for the decision to reduce the sentence is explained clearly in the article:-

"Mr Justice Mahon said it was desirable and appropriate that there be a degree of consistency in sentencing for particular offences.

He said the Court of Appeal’s efforts to establish consistency in sentencing for what might be described as broadly similar offending may appear clinical or “even callous” to the victims of “such a terrible event, as this was, but” it was necessary to achieve as much consistency as was reasonably possible.

The court was satisfied there was an error in principle by the Circuit Court judge in placing the headline sentence at nine years primarily because of the absence of prolonged period of dangerous driving or excessive speed.
Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice Garrett Sheehan resentenced O’Rourke to eight years imprisonment with the final two suspended.

The period of suspension was primarily intended as a recognition of O’Rourke’s “genuine remorse”, plea of guilty and to incentivise rehabilitation."

Pat Mustard

brickmauser wrote: »

What kind of muppets are there running our legal system?

8 years with 2 years suspended

The maximum sentence is ten years.