Another ridiculous suspended sentence handed out

KaneToad

https://www.boards.ie/discussion/comment/121668663#Comment_121668663

I agree. Scenario is not a random attack on an OAP. This OAP had abused the accused in a shop, claimed he had been short changed and called the accused a c*nt and a junkie.

The subsequent assault on the street was ridiculous behaviour and needs punishing but it didn't occur in a vacuum.

scottser

https://www.boards.ie/discussion/comment/121669301#Comment_121669301

Jail would be the wrong sentence. It sounds like the ould lad was a bit of a prick too, and the pair of them in it. Having said that, the fine is light enough and it won't go very far to getting the ould lad back to normal.

walshb

https://www.boards.ie/discussion/comment/121669092#Comment_121669092

Heat of the 'moment?' will you give your head a wobble. He had plenty time to decide to "not kick in a man's teeth."

AlanG

Not directly related to this case but the media seem to think that when a scrote becomes an OAP or grandparent they immediately turn into perfect little angels who can never be in the wrong. Time and again you see people described as OAP or grandmother like it makes them innocent, even if they are only in their 40's as many grandparents are.

TokTik

https://www.boards.ie/discussion/comment/121669092#Comment_121669092

But it wasn’t the heat of the moment. They’d had an argument, it was resolved, they even shook hands after it, then the scumbag left the shop after the man and attacked him on the street.

walshb

https://www.boards.ie/discussion/comment/121669613#Comment_121669613

Why are folks automatically believing the defence’s claims? The judge said there “may” have been provocation. Regardless, he still behaved like a thug in the aftermath, when he had plenty time to not behave like a thug.

BrianD3

Kirby claimed that the pensioner was trying to confuse him over change and called him a cnut and junkie. Claimed. And this claim somehow constitutes enough provocation for Kirby to initiate a physical assault well after the argument had ended.

If it's going to be a case of "two eyes for an eye", what punishment should Kirby receive from family members of the victim?

Based on previous cases, Nolan clearly empathises with scum, abusers and thugs. This is the same judge (and former Garda BTW) who sentenced Garda Paul Moody to 3 years and 3 months, commenting on how Moody was remorseful and would get a hard time in prison as a Garda. The poor lad.

Of course it is "different" when someone "important" is a victim. If the pensioner in this case was a member of the legal profession, no doubt there would have been a custodial sentence.

Slightly Kwackers

https://www.boards.ie/discussion/comment/121668663#Comment_121668663

A pensioner 76?

Now what if he did the same to an equally helpless infant that he objected to his bawling or other behaviour?

Suppose the pensioner broke a limb in the melee and died as a result?

The bloke had anger management issues, he was in the wrong job. If his employer was aware then it seems that there is some responsibility there also.

The law needs to act as a deterrent to the offender and potential offenders. I hate the never ending queue of IQ zero's that criticise "do gooders", cushy holiday camp like prisons and lenient sentences, but from my position this situationseems crazy and little more than an invite to any thug wanting to save on the cost of a punchbag.

Frankly I don't understand how you can justify your approach if you are relying on the information available here. The attack was violent, not in the shop, the pensioner was followed after the initial argument and then attacked.

Maybe the judge has different factors to consider, I would certainly hope so, because on the face of it the sentence is downright lunacy.

I hate to think what kind of world would ensue if your attitude to offenders was the norm.

Jequ0n

https://www.boards.ie/discussion/comment/121669453#Comment_121669453

If you decide to call someone a c*nt you need to be prepared to deal with the repercussions.

TokTik

https://www.boards.ie/discussion/comment/121670296#Comment_121670296

C*nt is fairly common parlance in Ireland.

AllForIt

https://m.sundayworld.com/crime/courts/dublin-man-22-who-kicked-oap-76-in-the-head-during-vicious-attack-walks-free/a769967585.html

A youth who attacked a 76-year-old man on the street,

Since when is a 22 year old regarded as a 'youth'?

walshb

https://www.boards.ie/discussion/comment/121670296#Comment_121670296

So you have no issue with this young man kicking in the teeth of an elderly man, even after the young man had plenty time to reflect? Also, you seem ready to just believe the attacker/defense claims that the attacker was "verbally" abused

Do you believe the attacker did no wrong here?

KaneToad

https://www.boards.ie/discussion/comment/121669757#Comment_121669757

Fair point.

Jequ0n

https://www.boards.ie/discussion/comment/121670382#Comment_121670382

To be honest I don’t really care for either of them and from the sound of it they both behaved poorly.

gmisk

https://www.boards.ie/discussion/comment/121669494#Comment_121669494

If I used language like the below, kind of?

Keith Spencer BL, defending, said Kirby claims the pensioner was trying to confuse him about change and that he called him “the 'c' word”.

“He told me to go f*** myself and called me a junkie,” Kirby told gardaí.

Mr. teddywinkles

Is there not some way to legally deal with an obnoxious customer besides kicking there teeth in?

Strumms

https://www.boards.ie/discussion/comment/121668663#Comment_121668663

He kicked a 76 year old in the head. That’s not a case of his temper getting slightly the better of him. If I was a gambling man I’d wager 100 quid that he’s before a judge again within the next few years.

at the end of the day was there provocation ? It doesn’t matter, I worked frontline with customers for 8 years and if you heard something you didn’t like, as happens, you come across all sorts, you have to be calm and professional enough and use common sense, good reason and coping strategies… that’s part of the job. There were plenty of people I spoke with in person and on the phone where I’d have enjoyed issuing them a good kick up the cerebellum , however.

Nolan again, I think the guy is probably some psycho narcissist who enjoys courting controversy…. Every pic you see of him… he’s never without that psycho smug grin on his mush… weird quite frankly. Just do a google image search it’s odd, as is he with some of these sentences.

SeanW

https://www.boards.ie/discussion/comment/121669590#Comment_121669590

It's not in the least surprising to me that someone who sympathises with violent scumbags would have a Palestine flag for an avatar.

Ficheall

Service industry people are allowed to kick arsehole customers' teeth in now? Interesting...

Boggles

Too much time had passed, he should have cooled down.

That said if you are going to go up a complete stranger, try pull a fast one on them and then call them a cúnt and a junkie, you may get your jaw broke. You have no idea who you or talking to or what sort of day they are having.

No point crying wambulance over it. If you are going to be dumb be tough, etc.

Anyway the mitigation was €7500 was awarded to the victim which I assume he excepted.

walshb

https://www.boards.ie/discussion/comment/121671524#Comment_121671524

Some proper excusing scumbag behaviour here.

Augme

https://www.boards.ie/discussion/comment/121671358#Comment_121671358

Its not in the least surprising that you can't grasp how different situations require different responses.

SeanW

https://www.boards.ie/discussion/comment/121671768#Comment_121671768

Even if the attack could have been "excused" as a heat-of-the-moment loss of control (which I would not accept), the supposed provocation had long since passed. It was effectively a random attack. The guy is a scumbag, and he should have gone to jail IMHO.

AyeGer

Hopefully some good comes out of this and the perpetrator learns to control his aggression better and the old guy learns to treat service industry staff a little better.

Boggles

https://www.boards.ie/discussion/comment/121671754#Comment_121671754

Absolutely not. As I stated the guy should have calmed down, enough time had passed.

What he did was thuggery.

But what the victim of the assault indulged in was also scum bag behaviour. The idea it was his 1st time is fanciful.

I have seen it literally dozens of times myself, it is pure and simple pond scum bullying. I deplore it. People seem entitled to lose their absolute shít at someone working in a shop.

I have stepped in a couple times, one time I remember when one of our neighbours probably 17 she was at the time was getting absolutely castigated and abused for having the cheek in charging some fúcking clown 30.15 for his diesel, he refused to pay the 15 cent.

So God knows if that coward hadn't left when I told him to, it could have been me in court. Or worse for me, him.

Not everything in life is black or white or can be judged perfectly from the comfort of the internet.

walshb

https://www.boards.ie/discussion/comment/121671830#Comment_121671830

Something tells me, from reading this story, that it won't take much at all to have this scumbag violently attacking people whom he alleges slight him.

Augme

https://www.boards.ie/discussion/comment/121671800#Comment_121671800

"Effectively a random attack. You're losing the plot a bit here. There was nothing random about the attack. He attacked the person who verbal abused him.

Boggles

https://www.boards.ie/discussion/comment/121671852#Comment_121671852

If that were true he would have previous, probably would be one some of medication and would not have a decent work history.

Again you never know when you just might catch someone at the wrong moment and the wrong time.

I have seen the quietest of fellas go Joe Pesci when bullied.

walshb

https://www.boards.ie/discussion/comment/121671857#Comment_121671857

Yes, “quite a time” later. Premeditated violence. . You can’t seem to take this on-board. And we only have his claims of verbal abuse as well.

and he carried out this attack on a man he clearly knew to be weaker than him. Very dangerous individual this.. and we have folks excusing it. Cowardly scum

AyeGer

A great philosopher once said, “people are getting far too comfortable with being disrespectful and not getting punched in the face”.

I know this quote was made with reference to social media posts but it could easily be applied to society in general.

We could all be just a bit more careful in our interactions with others. We never really know what sort of things are going on in peoples lives, sometimes people can crack and do something crazy. Retail staff can be at the receiving end of some awful abuse. The guy should definitely not have lashed out but the old guy could have dealt with the initial situation a bit better too.