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Another ridiculous suspended sentence handed out

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  • Registered Users Posts: 5,220 ✭✭✭Augme


    I can take it on board. If a person is going to verbal abuse someone, they must accept there could be consequences for that. No one is necessarily excusing it, people are just saying that prison isn't the solution.



  • Registered Users Posts: 85,379 ✭✭✭✭JP Liz V1


    How the hell is Nolan still a sitting judge

    I'm sorry but this guy chose to follow the old man and beat him up, pre mediated attacked, deserves a harsher sentence, jail time imho



  • Registered Users Posts: 219 ✭✭Carlito Brigantes Tale


    And yet Enoch Burke is in prison.

    What a country.



  • Registered Users Posts: 54,726 ✭✭✭✭walshb


    Prison isn't the solution for premediated violence against someone you claim slighted you?

    If the man was put into a coma, or worse from the attack would prison not be a solution to people doing this?

    So the message is: once the victim has annoyed you, slighted you, if you then beat them up you should not expect a prison sentence?



  • Registered Users Posts: 5,220 ✭✭✭Augme


    It isn't. Everyone can make a mistake an over react. Let's just stick the facts of the case rather than creating hypothetical outcomes.


    The message is: firstly, don't verbally abuse someone. Then the message is that locking people up isn't always a positive outcome for society.



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  • Registered Users Posts: 8,776 ✭✭✭SeanW


    At the time, maybe one might make a mistake or overreact. But a significant time later? And you're getting very close to victim blaming, tbh.



  • Registered Users Posts: 449 ✭✭L.Ball


    So what i've gleaned from this thread

    • It's ok to batter a man in his 70's if he annoyed you earlier.
    • Being employed is a 100% guarantee of good moral character.
    • The idea that violent people can escape justice until they don't, OR, can be violent as minors and have their records sealed, is impossible.

    I hope Nolan gets his in a bad way someday, and then he and his family can have the pleasure of whoever did it stroll out of court.



  • Registered Users Posts: 1,151 ✭✭✭kabakuyu


    CNUT should have got 2 years.



  • Registered Users Posts: 10,167 ✭✭✭✭Hurrache


    Seems like vandalism against statues of dead people is a much more serious offence than physical violence against living OAPs. (I know the vast amount of previous convictions played into it but sure how many cases do we see which jail sentences aren't applied despite those previous convictions)





  • Registered Users Posts: 162 ✭✭noc1980


    It wasn't a "mistake" - It was an intentional assault. Besides, people are jailed for actual mistakes. If a drunk or speeding driver who had no intent to cause harm doesn't get to say it was a mistake and walk free from court then neither should a thug who kicked a 76 yr old in the head. You don't get to batter someone because you don't like what they said.



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  • Registered Users Posts: 5,220 ✭✭✭Augme


    It's not victim blaming. There can be consequences to verbally abusing someone. That's just a fact of life.


    No one was killed. And even drunk or speeding drives do do to walk away at times. No one said you do get batter someone. The person has been convicted and punished. He didn't get away with nothing.



  • Registered Users Posts: 2,594 ✭✭✭newmember2


    This guy 'claims' that the pensioner was trying to confuse him. Maybe he was just **** at his job and gave the wrong change and got confused when pulled on it? To have an altercation with someone no matter who's 'at fault' and then to shake hands and put the matter behind them, only to later at a more opportune moment exact revenge on the other person, who is clearly your weaker, is fcuking sleeveen cnutish behaviour. Jail might not be the answer but he's essentially got away pain free other than a 7k payment that may never be paid.



  • Registered Users Posts: 631 ✭✭✭Slightly Kwackers


    Too bloody right mate.

    It's nice to hear the voice of reason here. They need to supply lead pipes and cudgels to shop staff, because it was obviously too late for that poor sensitive salesman to avoid the nasty, horrible swear words.

    Maybe if shop staff were armed, they could disable customers before the nasty words came out? I have noticed [from a very safe distance of course] that prior to the onset of a horrible, naughty swear word, a withering look is often given. The shop assistant could use this period of build up to use a weapon to beat the customer to a pulp in the shop premises, thus removing the risk of being offended by naughty words and avoiding the stress and trouble of having to work out whether he was offended by the word[s] and thus chase the customer introducing controversy into his need to defend himself by kicking his teeth in?

    The natural conclusion to your logic, is surely that someone figuring out that most of the posters here are a few sandwiches short of a picnic and thus expressing what he thought about them in the language of the gutter, is fair game for a good kicking too?

    The only difference is the insult is written and the time delay and distance slightly greater.

    Or are you worth less than a shopkeeper and you don't have the same level of self respect to respond to the horrendous harm a naughty word has caused you?



  • Registered Users Posts: 39,663 ✭✭✭✭Boggles


    Seems like vandalism against statues of dead people is a much more serious offence than physical violence against living OAPs

    It isn't and that case does not confirm it is.

    He has 51 previous convictions, so it is safe to assume he has been given ample opportunities himself. He is clearly a menace to society and an extremely expensive one at that.

    One thing that is assured to annoy a judge is by absconding from your sentencing hearing, although he claims he was in hospital an arrest warrant had to be issued. More time, more resources, more expense.

    That said it is an absolute waste of time putting that lad in mount joy, he should be sentenced indefinitely to a secure hospital where there is at least a small chance what is driving is criminality can be addressed and when he gets out society has a better chance.

    Maybe someday a government will actually listen to our prison service and invest in these services.

    In the mean time he will be out in 5 months and in front of a judge again soon after that.



  • Registered Users Posts: 23,547 ✭✭✭✭Kermit.de.frog


    Here's a guy soon to be walking the streets again with 331 convictions (8 and half convictions per year at 39)

    There's worse than that but at what point is it realised these are a danger to everyone else around them and they should not be free?



  • Registered Users Posts: 54,726 ✭✭✭✭walshb


    22 year old kicks in a 76 year old man's teeth causing heavy bleeding and a fractured jaw and you wanna run with this victim blaming, all because the 76 year old "may" have called the young man a name. Disgraceful take.

    I wonder would you be so blase about it if it was your father/grandfather who was battered in such a way...would you be like "well, grandad, you shouldn't have been hostile with the the young man."

    Excusing it with the young man "making a mistake."



  • Registered Users Posts: 5,220 ✭✭✭Augme


    My dad/grandad isn't a scumbag so that woukdnt happen. The fact the DPP didn't dispute the version of events presented says it wasn't and the fact the offer of money was accepted. I certainly wouldn't accept an offer like that if the person completely made up a story about me.



  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    What's the point of Criminal justice system if they can't do there very well paid jobs for life



  • Registered Users Posts: 1,279 ✭✭✭AyeGer


    You might need some actual quotes to back up this post.



  • Registered Users Posts: 54,726 ✭✭✭✭walshb


    Ah, again victim blaming.. insinuating that the victim deserved it because he was a scumbag. Unreal m. So your father/grandfather could never possibly get into conflict with a retail employee… to get into conflict with a retail employee means you have to be a scumbag?

    you are absolutely defending/excusing this scumbag for what he did.



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  • Registered Users Posts: 5,220 ✭✭✭Augme


    It's not victim blaming, it is just stating a fact. I never said he deserved it either but i have very little sympathy for him. My father/grandfather would never call a shop assistant a junkie and a scumbag because they got into a conflict with them.



  • Registered Users Posts: 6,063 ✭✭✭Jequ0n


    Looking at this thread he could have easily made that amount of more had he launched a go fund me appeal. Enough bleeding hearts willing to ignore the provocation by the victim here.



  • Registered Users Posts: 13,387 ✭✭✭✭Danzy


    The usual way with assualts like this is that the elderly man will be dead within 18 months.



  • Registered Users Posts: 631 ✭✭✭Slightly Kwackers



    What a sad apologist!

    Holland and Barnett seem to have a good training record, it makes you wonder if there was not a few things hidden on the CV.

    I would expect someone in a retail outlet to be able to deal with vulnerable people, people with disabilities and even anger managemnt, Tourette's and autistic traits.

    Although companies no doubt like to fit customers into a spreadsheet cell labelled income, people deserve respect and properly trained staff when they go into shops.

    Like the heating and lighting, safe floors and a clean environment, they should not have to supply their own in turn to avail themselves of an "acceptable" service.

    A professional will not take insults personally, threats can be retreated from and no company worth working for would blame a staff member for "doing a runner" from confrontation.

    A professional can and should be a title attributed to a service worker even if they are on a minimum wage.

    The public are a risk, they are a tad different from other objects because they tend to go off at unexpected directions when "stimulated". Methinks that in the days when recreational drugs that give their abusers the desire to climb to rooftops and assault all and sundry are not that uncommon, or at least not in the English city I left, then a basic risk assessment of a shop workers job should take these factors into account.


    I think that maybe there is a little more going on than is in the report and personally I think it's unfortunate that the thug is still in circulation.

    I tend to wonder if knocking someone to the ground and kicking their teeth out would be considered a reasonable action even if carried out on One's own property.

    Can you imagine the plea in court? "The plaintiff was emitting some really nasty sound waves yer honour and in the interests of self satisfaction I was forced to separate the trespasser from his teeth".

    One may be wrong of course, but I think the court was far too lenient,



  • Registered Users Posts: 6,578 ✭✭✭SteM


    So he thought the matter had been settled with a handshake back at the shop but it obviously wasn't. Pretended to forgive but later punched an old man to the ground and then kicked him in the head. The worst type of scumbag, one who carries a grudge and will act on it later.



  • Registered Users Posts: 6,578 ✭✭✭SteM


    Kirby doesn't have to pay him the money for 12 months so he might not even have to cough up if that were to happen.



  • Registered Users Posts: 54,726 ✭✭✭✭walshb


    Yep. And some folks more concerned that he was allegedly rude to the scumbag “earlier” that day.

    worst type scum alright, and particularly due to the fact of the clear physical differences between the two.



  • Registered Users Posts: 13,387 ✭✭✭✭Danzy


    He is in his 70s, the old man said some mean words so he gets his head kicked in?

    If you are in your 20s and you get that excited about mean words and names then there is something wrong with the person emotionally or mentally.

    Whatever about losing ones mind in the heat of the moment, what he did was premeditated, it was after the initial occurrence



  • Registered Users Posts: 39,663 ✭✭✭✭Boggles


    If you are in your 20s and you get that excited about mean words and names then there is something wrong with the person emotionally or mentally.

    You are basically agreeing with me.

    Like I said don't bully someone you don't know, you have no idea what sort of day they are having.

    He ended up with a broken jaw and lad with a conviction for assault, which is a serious punishment that could effect his life. Also a 7500 euro fine is not small to a low income person.

    This isn't Deco with 271 pervious.



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  • Registered Users Posts: 54,726 ✭✭✭✭walshb


    Whoever it is, what he did was absolute scummy. And premeditated .He’s only 21/22, so he has plenty time to do more. Dangerous individual.



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