Laughable justice system once again..

https://www.boards.ie/discussion/comment/118543266#Comment_118543266

the age of consent laws exist for a reason.

dxhound2005

https://www.boards.ie/discussion/comment/118543125#Comment_118543125

The Times article is about an appeal against the leniency of that sentence. It says that a full written judgement will be given later. Maybe the details in that written judgement will change some minds, but probably not.

"On Tuesday, in an ex-tempore judgement delivered by Mr Justice John Edwards, presiding, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, the three-judge court said it was not going to interfere in the sentence handed down by Judge Donnabháin.A full written judgement will be available at a later date, Mr Justice Edwards told the court".

From Courts.ie:

4. Hearing of the appeal

The court hears appeals every day during the court term. Each appeal is heard by three judges. They read the papers and submissions in advance of the hearing. The parties then make oral submissions to the court by reference to those papers and submissions. At the conclusion of the hearing, the judges will either deliver judgment the same day (known as an ‘ex tempore’ judgment) or deliver judgment at a later date (known as a ‘reserved judgment’). The Court of Appeal Office will notify the parties in due course of the date the judges will deliver judgment if the judgment is reserved.

https://www.thejournal.ie/court-of-appeal-rejection-state-5666628-Jan2022/

honestly this is a very upsetting one to read and there’s absolutely no excuse for giving him no jail time for beating a 4 month old baby to the point they were vomiting even after Gardai arrived at the scene..

disgusting animal

Although Ms Justice Donnelly acknowledged the assault against the child had been the more serious offence, she said the court could find no “practical consequence” in resentencing and was refusing the DPP’s application. 

just felt this was a very important part of the article. No practical consequence. 🤔

Fandymo

Jesus, some of the comments in here. Sounds like a few hard drives should be checked.

BorneTobyWilde

https://www.boards.ie/discussion/comment/118543401#Comment_118543401

Maybe the judges?

See this is the issue with a thread like this, someone arrives to paint their own pictures.

The debate is why the sentence was soft.

chosen1

Just read that there myself. Absolutely disgraceful lack of sentencing there and no surprise to see Justice Nolan being centrally involved.

The like of this is the real reason that both women and men have something to fear when they are out and about in this country. People like this should be incarcerated until they are no longer a danger to society, and it's very likely he will go on to offend again.

The type of fluff we heard from the media and our politicians in the last week about education being the key and asking men to call out other men on their behaviour will unfortunately do very little to prevent incidents like this occurring again. Of course there is no harm in trying to educate our young, but real action in our justice system is the only way we'll ever see an improvement.

Your laws here need a serious revamp they are too soft and outdated to crimes now. And that needs to reflect in the polls,protests,and elections. And there should be a minimum sentencing in place because the judges are too lenient in sentencing. Until any one of those changes happen your just going to have more of the same.

Strumms

’calling out’ ? Since when do ordinary civilians such as ourselves have any role or responsibility to play as regards criminal justice system ? Young people are educated by parents and teachers, if that fails or hasn’t been enabled successfully ie. the message hasn’t got through….. the criminal justice system intervenes, that’s what it’s there for…the tertiary source of education… and primary means of punishing and deterring people who break the law and do others harm…. as well as…Protecting society…

nobody it seems in positions of authority and responsibility wants to be held accountable…. Parents don’t and the criminal justice system sure don’t… what a time to be alive…jeeez

if I’m out for a walk tomorrow and a couple of lads are trying to rob a car I’m going around the corner and 999…not..

” lads, how are ye, now I know it’s quiet and feck all on telly but listen, would yous not be better off, erm, learning French, or Italian than this lark ?”…

Jim2007

https://www.boards.ie/discussion/comment/118543076#Comment_118543076

It does not matter what the DPP thinks or knows all he brings to the court is the same as every other barrister an opinion which has to be adjudicated on. Judges interpret the law that is enacted by the Oireachtais, if they don't provide for suspended sentences, judges can't apply then. Now you can rant all you like about the Garda, the DPP, the Judiciary, the Prison services, which ever one is your favourite hobby horse, it makes not a blind bit of a difference. You want to see change you need to talk to the organ grinders - the TDs not the monkeys.

https://www.boards.ie/discussion/comment/118543320#Comment_118543320

Or children act, behave and look older than their years. There was nothing to suggest that he knew her age.

One eyed Jack

https://www.boards.ie/discussion/comment/118543808#Comment_118543808

They certainly try anyway, but that’s besides the point seeing as the defendant in this particular case was not a child, his victim was a child.

As for the idea that there was nothing in what was reported in the article to suggest he had any knowledge of her age, I have no doubt his defence if they could have used that in his defence, would have used it in his defence, and he was still convicted.

The whole point of the case in 2006, in which it was argued that the defendant should be entitled to the defence that he was genuinely mistaken as the age of his victim, led to a fairly swift change in Irish law -

The court made its decision on several grounds, including the failure to allow the defence that a genuine mistake had been made about a girl's age.

https://amp.rte.ie/amp/76569/

ohnonotgmail

https://www.boards.ie/discussion/comment/118543808#Comment_118543808

He plead guilty to the offence below. that would suggest some foreknowledge

Meeting child for purpose of sexual exploitation

7. (1) A person who—

(a) intentionally meets, or travels with the intention of meeting a child or makes arrangements with the intention of meeting a child or for a child to travel, whether or not from within the State, having communicated by any means with that child on at least one previous occasion, and

(b) does so for the purpose of doing anything that would constitute sexual exploitation of the child,

shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(3) In this section “child” means a person under the age of 17 years.