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You gotta love our judges

24

Comments

  • #32
    fran oconnor
    Registered Users, Registered Users 2 Posts: 662 ✭✭✭fran oconnor


    ResearchWill wrote: »
    In cases of assault, the views of the victim are taken into account, usually in a victim impact statement. But in all cases the Judge will ask does the victim wish to say anything, the judge will take what ever is said into account when sentencing.
    So how come she wasn't done for brake and entry??. She should at least be locked up for that..


  • #33
    MrStuffins
    Registered Users, Registered Users 2 Posts: 19,652 ✭✭✭✭MrStuffins


    Chuck Stone wrote: »
    No. That's a bad idea. Walk away because the moment a man strikes a woman he loses.

    Sorry but this is nonsense.

    If a woman comes at me with the intention of hurting me so bad that she is going to leave my balls hanging out i'm going to do anything and everything I can to stop her.


  • #34
    MrStuffins
    Registered Users, Registered Users 2 Posts: 19,652 ✭✭✭✭MrStuffins


    fran oconnor wrote: »
    So how come she wasn't done for brake and entry??. She should at least be locked up for that..

    I think her let her in.


  • #35
    mackg
    Registered Users, Registered Users 2 Posts: 3,938 ✭✭✭mackg


    ResearchWill wrote: »
    There is a difference between using an excuse to try and get away with a crime and using an excuse to look for a lighter sentence.

    To take your above example, say a person who is slightly over the limit crashes the morning after, pleads guilty to death by dangerous driving. Should he get the same sentence as a person who is 3 times over the limit, with cocaine in his system, driving a faulty car, who pleads not guilty.

    In this case she pleaded guilty, so she was not denying responsibility, she was requesting in light of all the facts that she should not serve a sentence, if her ex did not want her jailed then I think in light of all the facts the judge was correct.
    ResearchWill wrote: »
    In cases of assault, the views of the victim are taken into account, usually in a victim impact statement. But in all cases the Judge will ask does the victim wish to say anything, the judge will take what ever is said into account when sentencing.
    ResearchWill wrote: »
    My own view is that it could have been seen as a section 4, but either he had a very good recovery, or the medical evidence did not support a section 4.
    ResearchWill wrote: »
    No I am not a judge, but I do work in the legal field.

    Multi-quote is your friend.


  • #36
    billybudd
    Closed Accounts Posts: 1,497 ✭✭✭billybudd


    ResearchWill wrote: »
    No I am not a judge, but I do work in the legal field.


    As a matter of interest if this was gender reversed do you think the same sentence would have been handed down? not starting a gender war just curious.


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  • #37
    KKkitty
    Registered Users, Registered Users 2 Posts: 7,537 ✭✭✭KKkitty


    To start I'm female.This is appalling. Someone has been maimed for life and all the perpetrator gets is a slap in the wrist and a telling off. The judiciary system in this country is a joke. They might as well have a naughty step in the courtroom and get the accused to sit on that.


  • #38
    fran oconnor
    Registered Users, Registered Users 2 Posts: 662 ✭✭✭fran oconnor


    MrStuffins wrote: »
    I think her let her in.
    I thought she smashed a window to gain entry. I still think she should be locked up though, we don't need scum like her walking the streets..


  • #39
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    fran oconnor wrote: »
    So how come she wasn't done for brake and entry??. She should at least be locked up for that..

    While the article says they where in a relationship, it does not make clear if she shared the house etc., or spent regular time, more than likely she was also charged with other offences, but may have agreed to plead to the most serious on the basis that it would not be a trial. Again a first time offence of that nature would rarely lead to prison time.


  • #40
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    KKkitty wrote: »
    To start I'm female.This is appalling. Someone has been maimed for life and all the perpetrator gets is a slap in the wrist and a telling off. The judiciary system in this country is a joke. They might as well have a naughty step in the courtroom and get the accused to sit on that.

    How do you know the person has been maimed for life. The fact that it seems to be a section 3 not a section 4 would lead to the conclusion that there was no serious harm.


  • #41
    fran oconnor
    Registered Users, Registered Users 2 Posts: 662 ✭✭✭fran oconnor


    KKkitty wrote: »
    To start I'm female.This is appalling. Someone has been maimed for life and all the perpetrator gets is a slap in the wrist and a telling off. The judiciary system in this country is a joke. They might as well have a naughty step in the courtroom and get the accused to sit on that.
    It all comes down to money over here, its the fact that it cost to keep these scum bags locked up, and it costs money to have their kids looked after while they are in jail. Its a shambles that this type of decision can be handed out. I also don't think its right that the guy this happend to should have any real say in what the outcome should be.


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  • #42
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    billybudd wrote: »
    As a matter of interest if this was gender reversed do you think the same sentence would have been handed down? not starting a gender war just curious.

    My personal experience where the genders are reversed, where the victim either speaks up or does not speak badly, and the court is of the opinion that the victim is not under duress, the sentence would have been more than likely the same.


  • #43
    KKkitty
    Registered Users, Registered Users 2 Posts: 7,537 ✭✭✭KKkitty


    ResearchWill wrote: »
    KKkitty wrote: »
    To start I'm female.This is appalling. Someone has been maimed for life and all the perpetrator gets is a slap in the wrist and a telling off. The judiciary system in this country is a joke. They might as well have a naughty step in the courtroom and get the accused to sit on that.

    How do you know the person has been maimed for life. The fact that it seems to be a section 3 not a section 4 would lead to the conclusion that there was no serious harm.
    The victim will never forget this and will have a scar as a constant reminder to him of what has happened to him. If that's not maimed enough I don't no what is.


  • #44
    fran oconnor
    Registered Users, Registered Users 2 Posts: 662 ✭✭✭fran oconnor


    ResearchWill wrote: »
    While the article says they where in a relationship, it does not make clear if she shared the house etc., or spent regular time, more than likely she was also charged with other offences, but may have agreed to plead to the most serious on the basis that it would not be a trial. Again a first time offence of that nature would rarely lead to prison time.
    What do you think would be the out come if the roles where reversed??.


  • #45
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    fran oconnor wrote: »
    What do you think would be the out come if the roles where reversed??.

    I answered above, I believe the result would more than likely be the same.


  • #46
    billybudd
    Closed Accounts Posts: 1,497 ✭✭✭billybudd


    ResearchWill wrote: »
    I answered above, I believe the result would more than likely be the same.


    A Quick google will discount this theory.


  • #47
    KKkitty
    Registered Users, Registered Users 2 Posts: 7,537 ✭✭✭KKkitty


    fran oconnor wrote: »
    KKkitty wrote: »
    To start I'm female.This is appalling. Someone has been maimed for life and all the perpetrator gets is a slap in the wrist and a telling off. The judiciary system in this country is a joke. They might as well have a naughty step in the courtroom and get the accused to sit on that.
    It all comes down to money over here, its the fact that it cost to keep these scum bags locked up, and it costs money to have their kids looked after while they are in jail. Its a shambles that this type of decision can be handed out. I also don't think its right that the guy this happend to should have any real say in what the outcome should be.
    She'll do the same again now. If it's in you to do something like that once you'll do it again.


  • #48
    fran oconnor
    Registered Users, Registered Users 2 Posts: 662 ✭✭✭fran oconnor


    ResearchWill wrote: »
    I answered above, I believe the result would more than likely be the same.
    I think you are wrong, there is no way a man would get away with cutting a woman open in the way he was and get away with it.


  • #49
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    KKkitty wrote: »
    The victim will never forget this and will have a scar as a constant reminder to him of what has happened to him. If that's not maimed enough I don't no what is.

    I know of a case where a person was scared on their face by a bottle. The guilty person pleaded guilty, on the facts of the case the judge gave the probation of offenders and the CCA upheld that decision. The short report in a papers rarleys reflects what happens in court.

    If you feel so strongly, go to your local circuit court, sit in on a sentencing judge, listen to all that is said and see then if you agree or disagree with the sentence passed.


  • #50
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    billybudd wrote: »
    A Quick google will discount this theory.

    Can you point at a case with similar facts, with a materially different result.


  • #51
    billybudd
    Closed Accounts Posts: 1,497 ✭✭✭billybudd


    ResearchWill wrote: »
    I know of a case where a person was scared on their face by a bottle. The guilty person pleaded guilty, on the facts of the case the judge gave the probation of offenders and the CCA upheld that decision. The short report in a papers rarleys reflects what happens in court.

    If you feel so strongly, go to your local circuit court, sit in on a sentencing judge, listen to all that is said and see then if you agree or disagree with the sentence passed.


    I do and what i have noticed is that female circumstances are taken into account far more than mens. strange logic as if a child should be reared by a mentaly ill woman.


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  • #52
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    KKkitty wrote: »
    She'll do the same again now. If it's in you to do something like that once you'll do it again.

    And if she does the same again,she will more than likely face jail time especially if she gets the same judge.


  • #53
    billybudd
    Closed Accounts Posts: 1,497 ✭✭✭billybudd


    ResearchWill wrote: »
    Can you point at a case with similar facts, with a materially different result.


    I can and i am sure you can also.


  • #54
    KKkitty
    Registered Users, Registered Users 2 Posts: 7,537 ✭✭✭KKkitty


    ResearchWill wrote: »
    KKkitty wrote: »
    The victim will never forget this and will have a scar as a constant reminder to him of what has happened to him. If that's not maimed enough I don't no what is.

    I know of a case where a person was scared on their face by a bottle. The guilty person pleaded guilty, on the facts of the case the judge gave the probation of offenders and the CCA upheld that decision. The short report in a papers rarleys reflects what happens in court.

    If you feel so strongly, go to your local circuit court, sit in on a sentencing judge, listen to all that is said and see then if you agree or disagree with the sentence passed.
    Years back I sat in on a few court cases and by doing so I can't understand why such menial sentences are handed out. A crime is a crime so you should do the time.


  • #55
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    billybudd wrote: »
    I can and i am sure you can also.

    Please do then, I would like to see such a result and the result of any appeal.


  • #56
    K-9
    Registered Users, Registered Users 2 Posts: 43,305 ✭✭✭✭K-9


    fran oconnor wrote: »
    I wouldn't give a crap if she didn't intend as such, she broke into his house and beat the sh!te out of him, cutting his bollox by doing so. How she's not serving time is a f*cking joke.

    She didn't break in, he let her in after he thought she calmed down. Big mistake.

    Should have got a harsh sentence to highlight the issue. Some people still believe DV on men isn't as bad!

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • #57
    billybudd
    Closed Accounts Posts: 1,497 ✭✭✭billybudd


    ResearchWill wrote: »
    Please do then, I would like to see such a result and the result of any appeal.

    http://www.irishtimes.com/newspaper/ireland/2011/0519/1224297286455.html


  • #58
    KKkitty
    Registered Users, Registered Users 2 Posts: 7,537 ✭✭✭KKkitty


    ResearchWill wrote: »
    KKkitty wrote: »
    She'll do the same again now. If it's in you to do something like that once you'll do it again.

    And if she does the same again,she will more than likely face jail time especially if she gets the same judge.
    So if she does it again but gets a different judge she's home and dry.


  • #59
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    billybudd wrote: »
    http://www.irishtimes.com/newspaper/ireland/2011/0519/1224297286455.html

    1 it is not the same offence, it was section 4.
    2 there was a protection order in place.
    3 he intended to do her severe harm,
    4 he left her and did not request medical assistance
    5 he had a previous 3 year suspended sentence
    6 he got 3 years for a severe beating
    7 it is obvious the judge did not accept what the victim said.

    My own opinion in that case 3 years was a bit on the light side 5 would have been more correct.

    So again I ask to find a similar case.


  • #60
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    KKkitty wrote: »
    So if she does it again but gets a different judge she's home and dry.

    Can you point out where I said that. I said she would get time especially if she gets the same judge. The reason for that is that he would remember the facts of the case. A different judge would usually only be told that it was a section 3 against a partner.


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  • #61
    billybudd
    Closed Accounts Posts: 1,497 ✭✭✭billybudd


    ResearchWill wrote: »
    1 it is not the same offence, it was section 4.
    2 there was a protection order in place.
    3 he intended to do her severe harm,
    4 he left her and did not request medical assistance
    5 he had a previous 3 year suspended sentence
    6 he got 3 years for a severe beating
    7 it is obvious the judge did not accept what the victim said.

    My own opinion in that case 3 years was a bit on the light side 5 would have been more correct.

    So again I ask to find a similar case.


    And they still love each other. who decides sections?


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