Violent assualt on a pensioner and he gets a suspended sentence
I know they don't have the prison spaces but this is out of order
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.
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.
If the victim was a random OAP who had absolutely nothing to do with what happened in the shop and was completely innocent I'd have a completely different point of view.
I'll never justify attacking completely innocent people just because a person is angry. Hence the reason I have huge sympathy for the Palestinian people and what the Israelis are doing is disgusting.
I find it Ironic that someone with a Palestinian flag as their Avatar thinks revenge attacks are ok!
Maybe something along the lines of the following
https://www.irishstatutebook.ie/eli/1994/act/2/section/6/enacted/en/html
As for the victim, Dldon't go into shops and call the shop assistants **** and junkies would be my advice.
What punishment should he have gotten? He “allegedly” had some combative words with a retail employee. He then got a hiding from the employee. The employee behaved like a scumbag. Had time to think, reflect…and chose to beat up an old man. And we have folks excusing it. World is fooked
Newsflash, you don't get punished for arguing consumer rights or wrong change in a shop!
He got no punishment from the courts - that's what I mean.
Next time you are in Tesco and are arguing about your dented tin of beans and looking for a refund, do you believe you would be partly responsible for that employee violently attacking you outside the store after you get your refund?
Person who “started” row got beaten up. He didn’t get off “Scott free.” FFS
and it’s the attacker and defence promoting the provocation angle. Nothing in the article is “certain” about provocation. Claims..
No it isn't but if you instigate a row then you have to accept some responsibility for what happens.
This guy has got a conviction, a sentence (albeit suspended) and has had to pay compensation.
The person who started the row gets off scot-free.
It's perhaps the lack of sufficient punishment that gives the idea to thugs that they can get away with doing such a thing.
I wonder if the family of this OAP would receive a suspended sentence if they went out looking for revenge.
Huh? He had more than enough time to calm down, reflect and not intentionally follow an old man to beat him up. It’s this awful type excusing attitude that is the problem
You reckon he deserved a good beating for allegedly being an obnoxious customer?
being 'abusive' means its ok to kick someone's teeth in?
It wasn't "heat of the moment". They argued and then shook hands, Boots is about 200 yards away from the shopping centre where Holland and Barrett is so he either followed him or saw him later.
Living in a hostel and trying to hold down a job cannot be easy and I do think if he went to prison he would become another Anto McScobie, so a suspended sentence is probably about right but as someone previously said a community service order on top would have also been appropriate.
The victim was abusive and provoked the situation. There should be no jail time for retaliation.
Nice that some posters express such empathy for the perpetrator, but what about the victim?
Tough luck for that loser huh?
casual use of the word "vunerable" i see.
can agree - fellas get probabation act for a lot worse.
Does nobody read the article?
They argued at the shop, and in the end, they shook hands with the matter resolved and went on their way.
Later the shop worker saw the man outside the shop and attacked him leaving the old man bleeding on the floor.
Sorry, but that's nasty and deserves jail time, or are we now saying you can attack people and get away with it?
From the article
Gda Burke told Simon Matthews BL, prosecuting, that the pensioner was subsequently on his way to the post office when Kirby came up and punched him to the ground, before kicking him to the head and face.
Weird one as the perp wasn't the usual unemployed skanger with tens of convictions. So for once I'll accept Nolan's judgement on this.
This is a good example of when suspended sentences should be used. A person of previous good behaviour does something in the heat of the moment when facing an element of provocation that they then deeply regret.
what benefit would there be to jailing him? He has a good work history and no previous.
clear provocation too - pensionser was no innocent either - being old doesn't absolve you of being a cnut.
yes he was out of order for sure but given the evidence it was a once-off and with provocation.
if anything the sentence was too harsh - probation act would be been more appropriate.
Mod - Moved to CA.
Local charter now applies.
for once i think that was a reasonable sentence...maybe 5 or 6 months community service as well...still a very scummy thing to do allright....,makes a change from reading about anto mcscobie with 376 previous after being on a spree getting a 2 day suspended and told to be a good lad...
I’m surprised that this doesn’t happen more frequently considering the behaviour some customer service and retail workers have to put up with. It must be extremely frustrating to see customers getting away with blatant abuse as described in the article.
I actually think this sentence is reasonable enough. The guy pleaded guilty and it was his first offence - yes it was a scummy attack but it seems fair to conclude he is unlikely to offend again. Nolan can be criticised for plenty but this one is not one of them
Well anyone renting a Hertz car will have to be very, very careful disputing any scratches.
Will they be rewriting the rental agreement I wonder? Scratches found that cannot be covered by a 1 cent coin will result in a hospital stay :-)
Disputes in fuel levels are an invite to "sleep with the fishes".
Whatever the sentence, he seems the wrong type to put in customer service. Some customers are totally loopy and having two crackpots facing off is not a good scenario.
Yep. Martin Nolan. What more is there to say?
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