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Justice served??

  • 11-02-2019 3:30pm
    #1
    Registered Users, Registered Users 2 Posts: 1,905 ✭✭✭


    Where is justice in this country?
    Surely this is very lenient??

    https://www.rte.ie/news/courts/2019/0211/1028918-court-attack/

    Very little respect for Judge's passing these sentences. Violent people need to be locked up a lot longer if we want to stamp out this behaviour.

    Poor Garda doing the hard work only to see these people getting poor sentence's.

    Time the judges had an overhaul & more prison places being made available.

    Sligo Metalhead



Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Judge O'Donnell is very experienced. I presume he set out the various factors which he took into account when deciding on the sentence.
    Leaving open for general discussion. No rants pls


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    9 years is more than people have got for manslaughter so I guess it can be considered appropriate as no one died.


  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Potentially assuault causing serious harm can attract a life sentence. Given the very serious and life altering injuries sustained that had to be the starting point for the judge. I would love to hear the judges sentencing decision.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Potentially assuault causing serious harm can attract a life sentence. Given the very serious and life altering injuries sustained that had to be the starting point for the judge. I would love to hear the judges sentencing decision.
    Section 4 isn't an assault based offence.


  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Robbo wrote: »
    Section 4 isn't an assault based offence.


    what???


    Section 2 is Assault
    Section 3 is Assault Causing Harm
    Section 4 is Causing serious harm.



    I would have thought that assault is implied. how else do you " intentionally or recklessly causes serious harm to another"


    where serious harm is :



    “serious harm” means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ;


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  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    To address the final point, I believe prison places aren't currently an issue - I was under the impression we were at around 86% of capacity but I stand to be corrected. 9 years does seem in line with current sentencing 'trends'. Personally I feel violent crime should attract longer sentencing but it's not up to one Judge to decide that's the case. Be cognizant of it the next time someone is canvassing for votes and indeed when you're voting.

    Personally I think Ireland has some very 'in touch' Judges on the whole, especially when compared to the neighbouring jurisdiction.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    what???


    Section 2 is Assault
    Section 3 is Assault Causing Harm
    Section 4 is Causing serious harm.



    I would have thought that assault is implied. how else do you " intentionally or recklessly causes serious harm to another"


    where serious harm is :



    “serious harm” means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ;


    Note it's not Assault causing serious harm. You also can't consent to serious harm where you can consent to an assault under the preceding sections.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Bingo. Not having Section 4 framed by reference to an assault removes the number of possible defences open to the accused.


  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Robbo wrote: »
    Bingo. Not having Section 4 framed by reference to an assault removes the number of possible defences open to the accused.


    ah i get it now your issue is that i included the word assault. Remove the word assault and the rest of my post stands.


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