Can somebody clarify this sentence to me?

camz09 · 21-10-2020 09:26PM #1

I found myself reading an article about a crime that happened near my area a couple years ago. The crime occured in 2012, and the trial was in 2017. Can someone clarify this sentence to me?

"He sentenced ****** to eight years in prison with one year suspended and backdated it to when he went into custody on 28 August 2012."

Does that mean he was released already? Or the 7/8 years in prison starts from 2017, to be released in 2024? Sorry I'm a bit thick like

Potential-Monke · 21-10-2020 09:28PM

So yeah, 8 years from the date he was first in prison, minus 1. So if he was in prison on 28/08/12, his release (not including early) would have been 27/08/19.

TP_CM · 21-10-2020 09:29PM

Can someone be in custody for 5 years without a trial?

21-10-2020 09:30PM

camz09 wrote: »

I found myself reading an article about a crime that happened near my area a couple years ago. The crime occurred in 2012, and the trial was in 2017. Can someone clarify this sentence to me?

"He sentenced ****** to eight years in prison with one year suspended and backdated it to when he went into custody on 28 August 2012."

Does that mean he was released already? Or the 7/8 years in prison starts from 2017, to be released in 2024? Sorry I'm a bit thick like

My understanding of this is that he has been already released.

salamiii · 21-10-2020 09:34PM

jail sentace

https://www.irishexaminer.com/news/arid-20345089.html

Nexytus · 21-10-2020 09:35PM

TP_CM wrote: »

Can someone be in custody for 5 years without a trial?

There is no statutory limit. But the general principle Justice delayed is
Justice denied applies.

We don't know if the delays were caused by the prosecution or the defense. Or neither being some other reason.

If the prosecution caused undue delay he could look for the case to be thrown out.

camz09 · 21-10-2020 09:38PM

Wow, thanks for the clarification lads. Fkin hell, barely 8 years for stabbing someone repeatedly at the their doorstep

Gregor Samsa · 21-10-2020 09:42PM

TP_CM wrote: »

Can someone be in custody for 5 years without a trial?

Interestingly, in December last year the Minister for Justice was unable to provide the Dáil with details of the length of time prisoners were spending on remand, as the Irish Prison Service claimed it would be too difficult to calculate.

https://www.oireachtas.ie/en/debates/question/2019-12-17/253/#pq-answers-251_252_253

dxhound2005 · 21-10-2020 10:00PM

TP_CM wrote: »

Can someone be in custody for 5 years without a trial?

He was convicted of murder and got life for that. He appealed that, the conviction was overturned and he got a retrial. The story in the OP is about the outcome of the retrial, which was a conviction for manslaughter.

Godeatsboogers · 21-10-2020 10:16PM

Remission is a third, so 8 years minus 32 months, 5 years 6 months is what he'd have to do. If he went in 2012, hes definitely out.

21-10-2020 10:29PM

Godeatsboogers wrote: »

Remission is a third, so 8 years minus 32 months, 5 years 6 months is what he'd have to do. If he went in 2012, hes definitely out.

Can he cash in those time already spent in prison credits when he gets convicted of his next crime?

Can somebody clarify this sentence to me?

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