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Man convicted of sexual assault has 23 character references presented to court

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Comments

  • Registered Users, Registered Users 2 Posts: 15,580 ✭✭✭✭elperello


    There is quite a long running debate on the practice.

    References would not be directly saying "we don't believe you" or "that the jury was wrong" but they are controversial.



  • Posts: 1,010 ✭✭✭ [Deleted User]


    Pity the journalist didn't list the people who gave the references.. They would be a matter of public record if presented



  • Registered Users, Registered Users 2 Posts: 4,874 ✭✭✭standardg60


    Details are pretty disgusting, i wonder does the defence application to preserve his anonymity due to the effect it may have on his family have anything to do with the fact same family provided character references



  • Posts: 0 [Deleted User]


    jesus that's grim reading



  • Registered Users Posts: 1,570 ✭✭✭vriesmays


    Where's his photo.



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  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    Character references and victim impact statements should be scrapped. Sentences should be based on evidence, not emotions.

    Doesn’t sound like the impressive number of character references made much of a difference, and that the evidence was pretty solid.





  • Dead wrong.

    a sentence is not handed down based on evidence of innocence or guilt— that’s the verdict that’s decided on before sentencing.

    how a crime has impacted the victim absolutely should play a part in sentencing.



  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    I disagree. The same crime against two people should receive the same sentence, no matter whether the victims or their relatives provide an impact statement or not. Same with character references.



  • Registered Users, Registered Users 2 Posts: 83,416 ✭✭✭✭Atlantic Dawn
    M


    The character references should be publically accessable for each case.



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  • Registered Users Posts: 492 ✭✭Fritzbox


    Are they not already publicly available? Probably a good reason for that so.



  • Registered Users, Registered Users 2 Posts: 83,416 ✭✭✭✭Atlantic Dawn
    M


    As far as I know not, can't see many business owners wanting to give a good word in a sex offence case.





  • Re victim impact statements, if the victim is a deceased homeless person without anybody to give a statement, does that make the taking of the life any lesser, or the person worth less?



  • Registered Users Posts: 492 ✭✭Fritzbox



    It's not just business owners, it's anybody who knew the defendant very well, surely? Should anybody be penalised for having a good word to say about the defendant?



  • Registered Users, Registered Users 2 Posts: 83,416 ✭✭✭✭Atlantic Dawn
    M




  • Registered Users Posts: 4,590 ✭✭✭LLMMLL


    Victim impact statements shouldn't impact the sentence. What if you have 2 rape victims. One who manages to keep their life together after and another who doesn't.

    Hardly fair on the first victim if her rapist gets a lesser sentence because it didn't completely destroy her life.

    I don't think they should be scrapped. They give victims a voice. And it's no harm to remind some of our less human judges the impact of these crimes. But they shouldn't influence sentencing between cases.



  • Registered Users Posts: 492 ✭✭Fritzbox


    And presumably that's why the identity of those giving positive character references is not normally made publicly available?



  • Registered Users, Registered Users 2 Posts: 5,189 ✭✭✭Brucie Bonus


    Ceann comhairle has done same. As has Heather Humphreys for a man regarding his second conviction of animal cruelty.



  • Registered Users, Registered Users 2 Posts: 83,416 ✭✭✭✭Atlantic Dawn
    M


    Yes but if they are praising a criminal in order to get a reduced sentence imposed they should be. Their statement can result in someone being released in to the public earlier. They should be shown as supporting this.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    There could be a litany of reasons why this has happened.

    Although he has been identified, there's a possibility that some or all of the character witnesses could lead to the victims being identified, of which they are entitled to anonymity.

    It could also be a case of whoever wrote the article doesn't know who the witnesses are and if they can identify the victims in this case, so they possibly err'ed on the side of caution as the legal consequences are very damaging.

    Just to stress I don't now if this is the case in either scenario but it's just two examples off the top of my head.

    As for whoever said victim impact statements should be banned. Get out of it. The impact of a crime committed to the victim should absolutely play a part in any sentencing.



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  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Seems a bit simplistic.

    For example, a guy steals €10k from his millionaire uncle. He does it because he doesn't believe the uncle will experience any hardship as a result.

    Another guy steals €10k from his aging uncle who has little to his name but his pension. The thief steals the money knowing full well that his uncle cannot afford to lose it and will experience severe hardship as a result.

    Do you feel like this is the same crime? Do you feel like both should be punished equally? And if so, do you think both offenders will be equally rehabilitated by it?

    Intent is key when it comes to sentencing. And in that victim impact statements have a place. In lieu of character references, I feel like giving the offender an opportunity to make a statement could be of benefit.



  • Registered Users, Registered Users 2 Posts: 40,572 ✭✭✭✭Boggles


    A probation report was also presented to the court, which stated that he was at low risk of reoffending

    I'd love to know how they came to that conclusion.



  • Registered Users, Registered Users 2 Posts: 3,723 ✭✭✭seenitall


    I think the above is a really warped way of looking at crime and punishment. It’s too emotional, too lenient, too “soft” on a criminal. How did it get this way?

    Of course the thief will always think that they are hard done by in life and that the wealthier person can afford to lose out to them by way of theft!! That’s not the point. The point is to send out a clear message that stealing is wrong. That’s it. If you are going to start looking into the thieves’ thought processes in order to look differently at their intent… I just find that disturbing, really. Do you apply that to rape, as well? Shur, the girl has had sex many times already, your honour, why would I not have any right to some of the same? Yes, I can see she’s very upset all right, but doesn’t my honest intent matter here? I wouldn’t have done it to a girl who’d never had sex, I know she would be more traumatised. See how honourable my thought process is! Got to give me some leniency for that!

    It’s ridiculous.

    ETA: the millionaire in your story may be a thousand times more upset and feel violated about having that sum of money stolen than a poorer man might be. So there’s that about victim impact statements.



  • Registered Users, Registered Users 2 Posts: 34,104 ✭✭✭✭listermint


    With regards to character references. Maybe they are public record and are accessible and the journalist didn't publish. I've no idea. But if you are going to bat for someone and you believe there story enough to write these beliefs down and sign it. Then yes it should be public it would weed out the half beliefs and other ones who were just asked to do it.



  • Registered Users, Registered Users 2 Posts: 27,021 ✭✭✭✭Dempo1


    Utterly Bizzare and actually quite disturbing, 23 character References 😳

    Whilst off topic it's Almost as bizzare as the story that Broke over the weekend re Midlands prison.

    What the he'll is going on 😳


    Is maith an scáthán súil charad.




  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    I would expect the court to assess the impact on each aggrieved party without them providing an impact statement. There is no reason to let either off with a lighter sentence because the victim was more prosperous.



  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    and how do they assess that impact without reference to the victim themselves?



  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    Indeed shocking because of the severe security risks this situation revealed. Somehow this is not really the focus of the article though, though this isn’t even that surprising any more.



  • Registered Users Posts: 6,412 ✭✭✭Jequ0n




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  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    Victims don't have legal representation in court. you don't have a scoobies.



  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    Ah yes, the prosecution has no interest in presenting the aggrieved side at all.



  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    it isn't their job to represent the victim. again, you haven't a scoobies as is clear from pretty much all your posts on anything legal related.



  • Registered Users, Registered Users 2 Posts: 27,021 ✭✭✭✭Dempo1


    I was shocked reading the article to be honest and Helen Mc Entee not even asked about it on morning Ireland earlier and yes I get your point about the focus of the article, its just extraordinary.

    Is maith an scáthán súil charad.




  • Registered Users, Registered Users 2 Posts: 1,432 ✭✭✭AlanG


    Does anyone here know how this works and when the references are gathered - is it before or after conviction?

    While I believe character references should not be allowed in court there are others that argue a persons history (good or bad) should play a part, particularly in relation to bail etc. .

    The view of many here seems to be that if a person is asked to give a court their truthful opinion on there interactions with the accused then they should refuse to provide the court with that truthful information, and anyone who provides a truthful opinion to the court should be blacklisted.

    i would guess that most character witnesses are along the lines of job reference -" I played football with X for 5 years and she never got violent" or " I worked with X for 10 years and in my experience he was always respectful to women when I was with him"

    Every second documentary you see on criminals has someone on it saying "sure he seemded like a nice fellow all these years" - should thos people be blacklisted and their businesses boycotted?



  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    after conviction. they have no bearing on the persons guilt or innocence.



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  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    The victim is a witness to the prosecution who are there to prove someone’s guilt beyond reasonable doubt.

    Why shouldn’t they be allowed to express the impact the ordeal they faced had on them once a conviction has been secured?



  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Which makes it all the more incredulous that people are willing to put their names to these things. But we do see it very often. There's a common perception that sexual offenders and paedophiles are greasy basement-dwellers, when very often they are "pillar of the community" types, trusted and loved by the community, who then use that position to engage in abuse. They'll often deliberately target troubled individuals or those of lower standing so that they feel powerless to question the character of their abuser.

    This piece of sh1t has probably spent the last however many months denying the accusations, spinning stories about how these girls were trying it on with him, how they're making up lies about him, how they always spreading it around locally, how their families are dodgy and can't be trusted.

    And at least 23 people have bought his bullsh1t enough to write character references to try and get leniency for him. And this is why character references are meaningless. Because they're basically just the words of the convicted, regurgitated through a friend who's been manipulated by a self-serving narrative.

    Same as those scumbags in Kerry who shook the hand of a rapist in court. All manipulated by the fake narrative that the victim had brought in on herself and trapped a poor young man.





  • What are you babbling about? you're watching too many American movies.





  • Feel it’s worth adding onto your point about pedophiles that some would do well to remember the simplest solution isn’t always the correct one. The weird looking guy might look a bit weird but he’s probably harmless, yet the school teacher you trust everyday might be a raging pedophile.



  • Registered Users, Registered Users 2 Posts: 3,455 ✭✭✭Tork


    It opens out a broader question about how many people really think "Gosh, Johnny from the local GAA club is a grand fella and I must write a character reference for him". How many people write these things because they feel it's easier than saying No? I might think that Johnny from the local GAA club and pillar of the community is a grand fella but can I say for sure that he's the same behind closed doors?



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  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    But they are already part of the process. What additional benefit does the victim impact statement add at this point in the trial?

    My issue with it is very much what recoded the site expressed with their example.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    A victim is a witness to the prosecution's case. They are not represented in the trial whatsoever.

    It's similar to any defence witness. They don't have representation by their own solicitor/barrister if they're providing evidence.

    The victim impact statement (made AFTER conviction) IS their representation and it's the first time the impact of what happened to them is taken into account.

    Your knowledge (or lack thereof) of how the justice system works really astounds me.



  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    And by being a witness for the prosecution means they are involved in the process.

    An impact statement should not impact the sentence itself, nor should a character assessment from third parties.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    You said they were represented.

    They are not represented.

    Are you going to admit to getting this wrong?

    An impact statement should give the opportunity to impact the sentence especially considering no two crimes are the same.

    Character witnesses however, are the complete opposite. It's basically people saying 'ah sure he's a grand lad. Great footballer' and tries to deflect from the acts they have carried out.





  • The trial is over by the time victim impact statements are read. The sentence comes after the verdict which is a result of the trial.

    once again babbling away when you haven’t a clue.



  • Registered Users Posts: 6,412 ✭✭✭Jequ0n


    I think it’s a language issue. I meant that their case is represented in the trial as part of the prosecutions case. Though I’m not sure if this makes it clearer?

    But what about the cases where no impact statement is available for whatever reason? Are you with a lesser sentence in those cases?

    I agree that character witnesses accounts add no value whatsoever.



  • Registered Users, Registered Users 2 Posts: 2,802 ✭✭✭MacDanger


    Character witnesses and victim impact statements are essentially opposite sides of the same coin in that both allow for the presentation of information not directly related to the crime itself. It would be interesting to know how much weight a judge attaches to these elements - I'd be of the opinion that they should carry very little weight in most cases.





  • If there’s no impact statement then there isn’t. The judge then has to use his own (no pun intended) judgment on how the victim may have been affected.

    i think you also seem to believe that if you take two cases that are identical but one judge hears an impact statement and the other doesn’t, that there would be some wildly varying sentences. That is not the case.

    In most cases judges have been thinking about the sentence throughout, they look at a variety of factors. Such as;

    the minimum and maximum sentences allowed by law, the background of the person on trial, can they be rehabilitated, how long would that take? Etc.

    It’s important for a victim to have their say if they choose to. This isn’t exclusive to Ireland either.





  • Character references however are a farce and should be left to prospective renters or job interviews they have absolutely no basis in court. What people think of a criminal is irrelevant because they broke the law. They’re not “a great guy” if they’re kiddy fiddling.



  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    makes no difference. you still haven't got a clue what you are talking about.



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