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What does it take to receive a custodial sentence in this country?

  • 02-07-2017 11:29PM
    #1
    Registered Users, Registered Users 2 Posts: 12


    Judge agrees to give one last chance to convicted sex offender who failed to meet with Probation Officers - Independent.ie

    Munir Ghariani (26) received a suspended jail term last May after he admitted attacking a woman on a street “for the thrill”. At the time, Judge Melanie Greally warned Ghariani that she would have “no hesitation” in reactivating the three-year sentence if he broke any of the conditions for his release.

    Today the Probation Service brought the case back before Judge Greally because of his failure to meet with Probation Officers.

    His probation officer Michelle Richardson said she had not seen him in person since his sentencing. She said that a man posing such a risk to public safety as Ghariani needs to present himself regularly to the Probation Service.

    Dublin Circuit Criminal Court heard Ghariani is also charged with breaches of the Sex Offenders Act because of alleged failures to notify authorities of his address.

    Michael Bowman SC, defending, said that his client had a background of difficulties but had been taking his anti-psychotic medication.

    Judge Greally agreed to put the matter back for two weeks. She said if Ghariani did not turn up for two weekly meetings in that time he would be jailed.

    Ghariani, formerly of Granitefield, Dun Laoghaire, Dublin had pleaded guilty at Dublin Circuit Criminal Court to robbery of the woman, a Chinese national, on Granville Road, Cabinteely on March 21, 2016.

    The victim was on her way home from a lecture in UCD when she noticed Ghariani following close behind her. He repeatedly asked to use her phone as he walked behind her.

    The woman refused and he asked why. Ghariani then pushed her to the ground and tried to grab the phone. During the struggle he bit her finger in an attempt to get her to release the phone.
    The woman screamed for help as Ghariani attempted to flee but a passer-by tackled and held him until gardaí arrived.

    Ghariani has 34 previous convictions including one for sexual assault after he groped a woman from behind as she was taking money out of an ATM. He was registered as a sex offender for that offence.
    His other convictions include indecency, burglary and theft. The court heard he was on bail for a similar offence at the time of this robbery.

    The court previously heard that Ghariani became an involuntary patient at St John of God’s hospital in south Dublin on April 3 of this year.

    Ms Richardson previously told the court she and her colleagues considered him “high-risk” and said it was essential he continue to take his anti-psychotic medications.

    Ms Richardson said Ghariani had been “non-compliant” with his medication in the past.
    “We feel we have to adopt a high-risk approach,” said Ms Richardson, adding that the probation service would continue to meet with him for two years.

    She said Ghariani had recently become homeless, and so she had liaised with local authorities who had agreed to provide him with accommodation.

    Judge Greally imposed a four-year sentence and, taking into account the time Ghariani has spent in custody on this matter, backdated the sentence to May 19, 2016. She suspended the balance of the sentence.
    She referred to the “disturbing nature” of the robbery, and said she was “mindful of the high risk he presents to the community”.


    A suspended jail term with parole for confessing to assault for the thrill? **** off.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 19,166 ✭✭✭✭nullzero
    °°°°°


    Easy answer?
    Do any of the things listed above to somebody rich/important enough.


  • Registered Users, Registered Users 2 Posts: 22,443 ✭✭✭✭endacl


    Refer to garlic as 'apples'.

    That'll do it!


  • Registered Users, Registered Users 2 Posts: 6,743 ✭✭✭Wanderer2010


    As said, assault/rape/burgle a wealthy person or politician and bingo, bang to rights.


  • Closed Accounts Posts: 261 ✭✭boobycharlton


    Depends on the judge.


  • Closed Accounts Posts: 2,021 ✭✭✭Donal55


    Why the hell isn't he deported?

    ...and the judge aswell.


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  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    Is this a quiz?


  • Registered Users, Registered Users 2 Posts: 3,004 ✭✭✭Hammer89


    As said, assault/rape/burgle a wealthy person or politician and bingo, bang to rights.

    Who would do any of those things to him?

    MV5BMTg1ODE0MzM5OF5BMl5BanBnXkFtZTcwMzA5NjQyMQ@@._V1_UY1200_CR95,0,630,1200_AL_.jpg


  • Registered Users, Registered Users 2 Posts: 14,227 ✭✭✭✭thebaz


    he seams to be getting accommodation , I assume free , as a reward for sometimes taking his anti- psychotic medication :confused::confused:
    - if he doesn't engage with Probabation services while on a suspended sentence for such a serious offence , lock him ****ing up. Disgracful decisions from this judge , who should know better.


  • Registered Users, Registered Users 2, Paid Member Posts: 12,719 ✭✭✭✭fullstop


    endacl wrote: »
    Refer to garlic as 'apples'.

    That'll do it!

    You mean "defraud the state to the tune of millions of Euro, that'll do it"?


  • Moderators, Science, Health & Environment Moderators Posts: 15,101 Mod ✭✭✭✭marno21


    Not paying your TV licence is a fairly straightforward method of achieving time behind bars.


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  • Closed Accounts Posts: 732 ✭✭✭DontThankMe


    fullstop wrote: »
    You mean "defraud the state to the tune of millions of Euro, that'll do it"?

    Shure the "the state" defrauded its citizens by bailing out all the banks so no harm done by defrauding them back.


  • Registered Users, Registered Users 2 Posts: 14,227 ✭✭✭✭thebaz


    marno21 wrote: »
    Not paying your TV licence is a fairly straightforward method of achieving time behind bars.

    not paying a TV license is a completly different offence to attacking random innocent women for thrills - some people are a danger to society and from this evidence Mr. Ghariani is such.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    marno21 wrote: »
    Not paying your TV licence is a fairly straightforward method of achieving time behind bars.

    No it isn't. Not paying your tv licence, getting caught, being taken to court, receiving a fine then being in contempt of court for refusing to pay a fine , may down the road land you in trouble.


  • Closed Accounts Posts: 2,285 ✭✭✭Summer wind


    Doesn't surprise me in the slightest. Courts are a joke.


  • Registered Users, Registered Users 2 Posts: 12,033 ✭✭✭✭Richard Hillman


    thebaz wrote: »
    he seams to be getting accommodation , I assume free , as a reward for sometimes taking his anti- psychotic medication :confused::confused:
    - if he doesn't engage with Probabation services while on a suspended sentence for such a serious offence , lock him ****ing up. Disgracful decisions from this judge , who should know better.

    That "homeless" stuff is BS. He is still in the area of where his parents live,


  • Registered Users, Registered Users 2, Paid Member Posts: 12,719 ✭✭✭✭fullstop


    Shure the "the state" defrauded its citizens by bailing out all the banks so no harm done by defrauding them back.

    Yeah, cause that's how it works...


  • Registered Users, Registered Users 2 Posts: 9,534 ✭✭✭gctest50


    marno21 wrote: »
    Not paying your TV licence is a fairly straightforward method of achieving time behind bars.

    But but the Late Late Show might get cancelled omg too horrendous to think about


  • Closed Accounts Posts: 696 ✭✭✭wordofwarning


    endacl wrote: »
    Refer to garlic as 'apples'.

    That'll do it!

    For several to for the sole purpose of defrauding the state hundreds of thousands in tax revenue.

    Every moans about the state not giving out harsh sentences for white collar crime. They hand out a harsh sentence and everyone moans it was too harsh


  • Registered Users, Registered Users 2 Posts: 10,679 ✭✭✭✭Samuel T. Cogley


    He'd be a massive pain in the arse to the prison service, I suspect that he has deep physiological problems and that would pose an issue in jailing him - quite right of the Judge to try all other avenues before jailing him which will happen in two weeks if the conditions imposed are not met.


  • Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 60,386 Mod ✭✭✭✭Wibbs


    He'd be a massive pain in the arse to the prison service, I suspect that he has deep physiological problems and that would pose an issue in jailing him - quite right of the Judge to try all other avenues before jailing him which will happen in two weeks if the conditions imposed are not met.
    Eh, they could fire him into a psychiatric hospital.

    Many worry about Artificial Intelligence. I worry far more about Organic Idiocy.



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  • Registered Users, Registered Users 2 Posts: 8,809 ✭✭✭Hector Savage


    anti psychotic medication ! :eek: - Christ before long he will re offend and do worse damage.


  • Registered Users, Registered Users 2 Posts: 28,417 ✭✭✭✭vicwatson


    Judge Melanie Greally's name constantly pops up in the light touch sentencing. She'd be the judge I'd want to be in front of if charged with a crime


  • Registered Users, Registered Users 2 Posts: 14,227 ✭✭✭✭thebaz


    He is still in the area of where his parents live,

    and that is why he should be locked up - he is a danger to innocent women , given his complete lack of interaction with the probation services , which should have been a minimum of his requirements, given he was given a final chance for such a serious offences (not to mention 30 or 40 previous convictions).


  • Registered Users, Registered Users 2 Posts: 10,679 ✭✭✭✭Samuel T. Cogley


    Wibbs wrote: »
    Eh, they could fire him into a psychiatric hospital.

    They possibly will, but when you say 'a' you mean 'the'. That's only going to happen if he's the worst of the worst in relation mental illness that much of the prison population suffers from with very little support. This is not the first time someone has been let out/not put in because the prison system can't cope properly.

    I'm all for more people in prison, the issue is we don't have the resources - either through default or design.

    The easy option for Judges would simply be to impose custodial sentences, we'd reach crisis point (again) in a month.


  • Registered Users, Registered Users 2 Posts: 14,227 ✭✭✭✭thebaz


    The easy option for Judges would simply be to impose custodial sentences, we'd reach crisis point (again) in a month.

    If the prisons are at crisis points , then prisoners of low risk to society , such as the TV licence defaulters , or petty drug offenders should be the ones freed - this guy, from the evidence reported, seams a risk to society and given his failure to co-opt with services given leniency shown to him, should be locked up.


  • Registered Users, Registered Users 2 Posts: 5,942 ✭✭✭topper75


    A whole world of fantastic people have landed on our shores and made fine contributions.

    But then you have the like of this Ghariani character.

    Sometimes I miss old Ireland where " the foreigners" amounted to Spanish and French students in July, the Chinese takeaway people, and some quarehawk German painter lad.

    Now the streets are awash with people we know damn all about. The imbalance is only going to grow over the next few decades. The African population is doubling between 2015 and 2050 the UN tells us. Not enough room in Africa for all of them.

    Judges like the one who made that decision certainly won't save us.


  • Registered Users, Registered Users 2 Posts: 17,442 ✭✭✭✭Grayson


    topper75 wrote: »
    A whole world of fantastic people have landed on our shores and made fine contributions.

    But then you have the like of this Ghariani character.

    Sometimes I miss old Ireland where " the foreigners" amounted to Spanish and French students in July, the Chinese takeaway people, and some quarehawk German painter lad.

    Now the streets are awash with people we know damn all about. The imbalance is only going to grow over the next few decades. The African population is doubling between 2015 and 2050 the UN tells us. Not enough room in Africa for all of them.

    Judges like the one who made that decision certainly won't save us.

    I don't know about you but I never knew anything about the person I was passing on the street.


  • Registered Users, Registered Users 2 Posts: 17,442 ✭✭✭✭Grayson


    Wibbs wrote: »
    Eh, they could fire him into a psychiatric hospital.

    That's the thing, if he has mental issues the prison isn't going to do him any good. He'd serve his time and probably come out with more problems than when he went in.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    He'd be a massive pain in the arse to the prison service, I suspect that he has deep physiological problems and that would pose an issue in jailing him - quite right of the Judge to try all other avenues before jailing him which will happen in two weeks if the conditions imposed are not met.
    So let him be free to be a pain in the arse to gardai, the council and (not meaning to sound flippant) the local woman ?


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  • Closed Accounts Posts: 5,593 ✭✭✭Wheeliebin30


    Shure the "the state" defrauded its citizens by bailing out all the banks so no harm done by defrauding them back.

    Link please.


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