Suspended Sentence for threat to Kill Guard

LuasSimon

https://www.independent.ie/irish-news/courts/dad-threatened-to-slit-gardas-throat-in-front-of-children-39937482.html

A 2 month suspended sentence for threatening to kill a guard?
The country's judicial system is a joke and criminals know it.

AutoTuning

That should be appealed by the state. It’s far, far too lenient.

He was charged with a public order offence. That's what the sentence was for, nothing else

Hodors Appletart

what a scumbag

POBox19

A guilty plea and an apology in court, plus no physical assault, but very unpleasant for the Garda.
He ended up in court and now it is on the record.
Probably about right.

ohnonotgmail

bubblypop wrote: »

He was charged with a public order offence. That's what the sentence was for, nothing else

the public order offence being "Threatening, abusive or insulting behavior in public place." Sec 6(1). what is the issue with the wording in the OP?

paw patrol

ohnonotgmail wrote: »

the public order offence being "Threatening, abusive or insulting behavior in public place." Sec 6(1). what is the issue with the wording in the OP?

pleaded guilty to threatening, abusive and insulting behaviour and failing to comply with garda directions.

I got probation act for the same with an additional drunk in a public place
250euro to the hospice and a "i'm sorry to the court".
no convictions for me :pac:

judge cant hang him for imaginary charges, despite the urge on boards to see that happen

ohnonotgmail

paw patrol wrote: »

I got probation act for the same with an additional drunk in a public place
250euro to the hospice and a "i'm sorry to the court".
no convictions for me :pac:

judge cant hang him for imaginary chargers, despite the urge on boards to see that happen

what imaginary charges are you referring to?

paw patrol

ohnonotgmail wrote: »

what imaginary charges are you referring to?

the OP implies he was threatening to kill a garda and got suspended sentence for this.

There is a specific "threat to kill" charge on the books he wasn't charged with this - only public order stuff.
He can't be punished for charges he isn't facing. (that's what I meant)

He got a suspended sentence for public order...seems harsh in a way


sorry if I wasn't clearer earlier.

Edgware

Could we start a Gofundme for the dirtbird after his ordeal of being arrested!

ohnonotgmail

paw patrol wrote: »

the OP implies he was threatening to kill a garda and got suspended sentence for this.

There is a specific "threat to kill" charge on the books he wasn't charged with this - only public order stuff.
He can't be punished for charges he isn't facing. (that's what I meant)

He got a suspended sentence for public order...seems harsh in a way


sorry if I wasn't clearer earlier.

He didnt threaten to kill the guard. The DPP decided not to charge him with the more serious offence. He should consider himself lucky that he got off so lightly. This wasn't just a drunk acting the bollix on a saturday night.

biko

Lynch had a drug dependency but was tackling this

Let him go cold turkey a month or two in prison.

ohnonotgmail

biko wrote: »

Let him go cold turkey a month or two in prison.

I wonder how many times his solicitor has used that mitigation in court?

ohnonotgmail

ohnonotgmail wrote: »

the public order offence being "Threatening, abusive or insulting behavior in public place." Sec 6(1). what is the issue with the wording in the OP?

The OP states that he received a suspended sentence for 'threatening to kill a guard'
He didnt, he received it for a public order offence.

Strumms

“It wasn’t a very pleasant experience for Garda Harmon to be called these names,” Judge said..

I think the throat slitting threat might have been worse no, ya fûckin gombeen ?

The judiciary in this country are such outright useless tossers...depressing, no way should a person who threatens to slit a guards throat be waking the streets with being incarcerated beforehand.

ohnonotgmail

bubblypop wrote: »

The OP states that he received a suspended sentence for 'threatening to kill a guard'
He didnt, he received it for a public order offence.

I honestly don't know why you are making this distinction. they did threaten to kill the guard. that was entered in evidence. they were charged with "Threatening, abusive or insulting behavior in public place." because of this. it is the threat they were sentenced for.

LuasSimon

ohnonotgmail wrote: »

I wonder how many times his solicitor has used that mitigation in court?

I think his Free Solicitors defence was " Lynch couldnt recall it? "
If i kill someone and dont recall it does that makes it ok according to this Free Solicitor?

silliussoddius

No need to worry, the 300 strikes and you might be out system will take care of it.

Potential-Monke

Not just the judges fault here, there's a complete failure on the state and Garda management here. I experienced it myself a few times during my time, you'd want to get rightly messed up by a criminal for them (Garda management/DPP) to go ahead with the very specific legislation covering assaults on members. Section 19 of the Criminal Justice (Public Order) Act 1994 is for assaults on emergency service workers, but more importantly now Section 185 of the Criminal Justice Act 2006, which expands emergency service workers to include firemen (firepeople?) and paramedics, and inserts the 'threat' term. On conviction, minimum 12 months, max 7 years.

But they don't use it. A failure on Garda management and the DPP to protect their members from this crap. And yet again I refuse to accept the "he was on drink/drugs/granny panties" excuses. They decided to take the intoxicant, live with the consequences. Hate that, along with the "tough upbringing" and "dependency" excuses. Boils my piss.

Zebra3

LuasSimon wrote: »

I think his Free Solicitors defence was " Lynch couldnt recall it? "
If i kill someone and dont recall it does that makes it ok according to this Free Solicitor?

Solicitor doing his job.

the purple tin

The way they've worded the article is very confusing (probably deliberate).
Were his children with him at the time, or was it just some random kids passing by?
Why did they even have to mention that he has three kids?

Strumms

Potential-Monke wrote: »

Not just the judges fault here, there's a complete failure on the state and Garda management here. I experienced it myself a few times during my time, you'd want to get rightly messed up by a criminal for them (Garda management/DPP) to go ahead with the very specific legislation covering assaults on members. Section 19 of the Criminal Justice (Public Order) Act 1994 is for assaults on emergency service workers, but more importantly now Section 185 of the Criminal Justice Act 2006, which expands emergency service workers to include firemen (firepeople?) and paramedics, and inserts the 'threat' term. On conviction, minimum 12 months, max 7 years.

But they don't use it. A failure on Garda management and the DPP to protect their members from this crap. And yet again I refuse to accept the "he was on drink/drugs/granny panties" excuses. They decided to take the intoxicant, live with the consequences. Hate that, along with the "tough upbringing" and "dependency" excuses. Boils my piss.

My problem with life in modern Ireland is the outright failure we have to hold others to account for their actions... he wasn’t ‘on’ anything... I slipped ‘on’ a banana peel.... he wasn’t ‘on’... he wanted, sought, procured, paid for and consumed... that takes effort, thought, and actions...

Dyr

"Lynch had a drug dependency but was tackling this, Mr Pattison said. The garda had been a victim of the accused’s addiction on the day."

Ah well, so long as he's tackling it.

LuasSimon

Zebra3 wrote: »

Solicitor doing his job.

It’s clearly a job where you cant have any morals ?
Take your pieces of silver to tell yarns on behalf of scumbags

Pcgamer

Maybe a few days in jail but 2 months suspended seems about right to be honest. Maybe increase it go six months.

theguzman

A chain gang with pickaxes and shovels cleaning out dykes and cutting bushes for six months for him and his equals would soften his cough fairly lively.

Bobblehats

Yeh that’s it just leave him hangin there, mid-sentence. Where’s yer pals now, nobody to hear ya his own echo chamber.

Strumms

Bambi wrote: »

"Lynch had a drug dependency but was tackling this, Mr Pattison said. The garda had been a victim of the accused’s addiction on the day."

Ah well, so long as he's tackling it.

If he ‘had tackled it’... ok, proof.. speaking of which... does the lazy judge not say.. “ ok, how are you actually actively tackling it ? What active treatment, help etc have you sought and from whom and are you actively engaged in it ?.“...

kravmaga

LuasSimon wrote: »

https://www.independent.ie/irish-news/courts/dad-threatened-to-slit-gardas-throat-in-front-of-children-39937482.html

A 2 month suspended sentence for threatening to kill a guard?

But he wasn't charged with Threats to kill or cause serious harm, section 5 ,Non Fatal Offences Against The Person Act 1997.

He was charged with s. 6 Public Order Act 1994

Atlantic Dawn

I often wonder how many taxpayers are required to sustain the lifestyle of handouts for that complete and utter scrote and his family over their lifetime.

Strumms

Atlantic Dawn wrote: »

I often wonder how many taxpayers are required to sustain the lifestyle of handouts for that complete and utter scrote and his family over their lifetime.

Yep, and if one of us needs rehabilitation from a car crash...brain injury or nerve damage as a result of said accident.. you’ll be told to swing for it....

Choose drugs...all you can eat in terms of help, for as long as you want it..as many times as you need it.... absolute kip.

Potential-Monke

kravmaga wrote: »

But he wasn't charged with Threats to kill or cause serious harm, section 5 ,Non Fatal Offences Against The Person Act 1997.

He was charged with s. 6 Public Order Act 1994

I think it's more the point that he did indeed threaten to kill a Garda and was only charged with S6 Public Order, instead of the S19 Public Order. So yes, he was only charged and found guilty of S6 but he did threaten to kill also.

As I said above, failure on the state and Garda management, yet again. These things will keep happening until people are actually charged with the correct offence and given prison sentences. Even that won't fix it, but it will at least reduce the number a bit, and maybe make some of them think twice.

Strumms

What message does that send the law abiding NON SCUMBAG public ?

That there are people in our society who can avail of a hall pass from our judiciary even if they threaten to murder our Gardai ?

Potential-Monke

Basically, yeah.

TallGlass2

As PM mentioned and I also have experience of it.

It's a total failure by the justice system to put any type of manners on these people.

They do it cause they know nothing will happen.

Alright he will get arrested, few hours in a GS, charge sheet, he might even do a bit of moaning at the Garda in the station, might even get food, cuppa tea, smoke and a phone call.

Then it's off to court, name called out, up it goes and it's not even the suspended sentence that gets me. Youd find a judge going over a Garda for a shortcut quicker in a court room rather than a gouger.

It's so wrong, the gouger should be ****ting bricks going up in front of a judge and getting opened up.

BorneTobyWilde

But Irish people say that all the time???????


'' who ate the last Quality Street''

'' I'm going to kill ya !!! ''

Strumms

The judiciary ughh man.... gas thing is, I’ve never got so much as a parking ticket but if I drive off without paying for 50 euros worth of diesel tomorrow I’d probably get a fûcking theft conviction and sentence

BorneTobyWilde

Strumms wrote: »

What message does that send the law abiding NON SCUMBAG public ?

That there are people in our society who can avail of a hall pass from our judiciary even if they threaten to murder our Gardai ?

People in Ireland when angry say



'' I'm going to kill ya''


Just a saying really.

TallGlass2

Strumms wrote: »

The judiciary ughh man.... gas thing is, I’ve never got so much as a parking ticket but if I drive off without paying for 50 euros worth of diesel tomorrow I’d probably get a fûcking theft conviction and sentence

Slight under observation on my part judge, girlfriend was texting me, she was moaning judge. Got distracted though I had paid judge. I can put 50 in poor box judge.

Honestly. That would be bought in court.

Strumms

BorneTobyWilde wrote: »

People in Ireland when angry say



'' I'm going to kill ya''


Just a saying really.

Of course, but context is important... if I’m in the pub with friends I’m sure that could be uttered in jest, at least semi jest.

In a heightened emotive interaction between a member of the public who is subsequently arrested... different scenario... it’s not then ‘just a saying’.

The Tetrarch

Another graduate of inner city Charm School.

hatrickpatrick

A threat to kill or seriously injure should be its own separate offence with extremely serious penalties, not a mere public order offence. That's the real problem here.

ohnonotgmail

hatrickpatrick wrote: »

A threat to kill or seriously injure should be its own separate offence with extremely serious penalties, not a mere public order offence. That's the real problem here.

there is a separate offence. http://www.irishstatutebook.ie/eli/1997/act/26/enacted/en/print#sec5

Edgware

BorneTobyWilde wrote: »

People in Ireland when angry say



'' I'm going to kill ya''


Just a saying really.

Not applicable in this situation. This wasnt a light hearted not meant to be real comment.