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Six year sentence for the rape of two children

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Comments

  • Posts: 1,654 ✭✭✭ [Deleted User]


    ... just shows how lenient the judiciary are on sex crimes...

    and on burglary and crimes of violence....


  • Registered Users, Registered Users 2 Posts: 41,301 ✭✭✭✭Mellor


    AnonoBoy wrote: »
    Was he a star athlete or something? That's the sort of sentence they get in America so it is.
    I imagine the reduced sentenced is down to the fact that he was 15, a minor himself, when the first offense occurred.
    And also the fact he came forward, went to the police and then pleaded guilty.
    Whats the difference between two consecutive three year sentences and two concurrent six year sentences?

    I'm sure there must be an angle here...
    Concurrent sentences are served alongside each other at the at the same time. In that case, two concurrent 3 years sentences would take 3 years.

    Consecutive sentences run back to back. First one, then the other. In that case, two consecutive 3 years sentences would take 6 years.

    The offender in this case got the latter (6 years) Plus 5 years post-release supervision.


  • Registered Users, Registered Users 2 Posts: 41,301 ✭✭✭✭Mellor


    bear1 wrote: »
    Concurrect - 3 years per victim plus 5 year supervision afterwards annnndd sexual offenders therapy..

    Consecutive, not concurrent. He got 6 years.


  • Registered Users, Registered Users 2 Posts: 22,086 ✭✭✭✭El_Duderino 09


    valoren wrote:
    A rapists name can only be made public if they are convicted. Yet the disgusting thing is that this will only be done if the victims waive their right to anonymity. I can't get my head around that.

    2 points.
    1. Only people who have been found guilty can be named as having done the crime. Sounds reasonable.

    2. If they name team perpetrator, having said his children are the victims, then it identifies the victims. They might not want to be identified so it gives them the ultimate power over whether he and they are identified.

    What would you prefer? Name and shame for your gratification over the victim's consideration?


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Interestingly, if anyone was watching "24 Hours in Police Custody" on C4 tonight, there was a guy on there who got a nine year custodial sentence for sexual assault(not rape)on two girls in their home(he exposed himself and then rubbed his genitals on one of their tshirts). He had previous for indecent exposure and similar(not huge amounts but still)
    Another guy got 2 years custodial for grooming a girl on the internet.
    To put that into comparison to the case here just shows how lenient the judiciary are on sex crimes.
    Serious questions need to start being asked about our sentencing of sex crimes here.

    So you think a life sentence for rape is low?


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  • Registered Users, Registered Users 2 Posts: 22,086 ✭✭✭✭El_Duderino 09


    vicwatson wrote:
    A signal needs to be sent to these nonces, and I've yet to see a judge sending these signals.

    Imprisonment is the signal for anyone who values their freedom, I would have thought.
    Probably has a mental illness. Poor fella. Locking him up won't help him etc. etc. How could someone who's right in the head do something like this etc. etc. some other lefty boll0cks.

    Not a mental illness but a sexual orientation that, if acted upon, will cause harm (I think there is some legal distinction that means you don't have to give the same protections as the non-harmful oientations). There but for the grace of god... and all that.
    lawlolawl wrote:
    When are we finally going to give up on the lefty myth of "rehabilitation" and start locking up broken members of society to keep them from doing harm to the rest of us?
    I'd love to see a rehabilitation programme that extinguishes that behaviour. It would top the harm to children and the people who are attracted to children and have never acted on it, would be able to get on with their lives in peace.

    We don't have a programme that works unfortunately. No better than CBT or 'pray away the gay'.

    He has proven himself to be a danger and it's not something that can be changed, anymore than you or my could change our sexual orientations. This fella needs to be kept separate from society for a long long time.


  • Posts: 22,384 ✭✭✭✭ [Deleted User]


    Interestingly, if anyone was watching "24 Hours in Police Custody" on C4 tonight, there was a guy on there who got a nine year custodial sentence for sexual assault(not rape)on two girls in their home(he exposed himself and then rubbed his genitals on one of their tshirts). He had previous for indecent exposure and similar(not huge amounts but still)
    Another guy got 2 years custodial for grooming a girl on the internet.
    To put that into comparison to the case here just shows how lenient the judiciary are on sex crimes.
    Serious questions need to start being asked about our sentencing of sex crimes here.

    It's hard to tell if they are comparable. It's not clear from your post whether those people pleaded guilty, if so how early in the process, what was the age gap, how many previous convictions were involved etc.


  • Registered Users, Registered Users 2 Posts: 2,103 ✭✭✭ectoraige


    lawlolawl wrote: »
    When are we finally going to give up on the lefty myth of "rehabilitation" and start locking up broken members of society to keep them from doing harm to the rest of us?

    Rehabilitation based incarceration leads to reduced recidivism compared to penal incarceration. However, it also costs a lot so here in Ireland we just pay lip service to it. We avoid the penal elements that would harm rehabilitation, but also fail to implement proper rehabilitation programmes. Just as our education, health, and mental services fail, so too does our justice system. Until hospital patients lying on trolleys becomes a thing of the past, I wouldn't have any faith in our prison system either.


  • Posts: 1,654 ✭✭✭ [Deleted User]


    Mellor wrote: »


    Concurrent sentences are served alongside each other at the at the same time. In that case, two concurrent 3 years sentences would take 3 years.

    Consecutive sentences run back to back. First one, then the other. In that case, two consecutive 3 years sentences would take 6 years.

    The offender in this case got the latter (6 years) Plus 5 years post-release supervision.

    Maybe I wasn't clear. My point is that the judge could have given the guy six years on each charge, to run concurrently. Instead he choose to give him three years on each, to run consecutively. While on the face of things, the sentences seem equivalent, I'm sure there must be an angle here.

    Consecutive sentences are not the norm in Ireland and two concurrent six year sentences would have looked better, so why did the judge choose the three year consecutive option?

    I suspect there are some (even softer) implications from the consecutive option.


  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    Mellor wrote: »
    Consecutive, not concurrent. He got 6 years.

    Correct, my bad.


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  • Registered Users, Registered Users 2 Posts: 6,002 ✭✭✭handlemaster


    another very very light sentence. . what woukd the max sentence under law be ?


  • Closed Accounts Posts: 3,295 ✭✭✭FortySeven


    I read this in the paper then turned the page to see another fella appealing his 8 year sentence for hitting his wife!

    Seem to be the wrong way round.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    another very very light sentence. . what woukd the max sentence under law be ?

    Life. But would rarely be given in any jurisdiction to a minor. As I pointed out earlier in 2014 9 rapes got life 90+ got time no suspension that would be in my opinion about 10 to 20 years about 80 got sentence involving some suspension that would range from 6 to 12 years served and 2 got fully suspended one was later on appeal given 18 months the guy who raped his GF whole she was on meds.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    FortySeven wrote: »
    I read this in the paper then turned the page to see another fella appealing his 8 year sentence for hitting his wife!

    Seem to be the wrong way round.

    That wife if I remember was seriously injured with brain injuries, he was if I remember appealing conviction also as wife had refused to give evidence.


  • Registered Users, Registered Users 2 Posts: 13,226 ✭✭✭✭jmayo


    I haven't actually excused this sentence at all, but...


    ...at least I see what seems to be really bothering you with the analysis of me.

    Well I will admit I don't like your political allegiances.
    You can tell a lot about a person by the company they keep and the people they support ;)
    Either way, I believe the garlic importer got what he deserved. To suggest it is a yardstick by which all other sentences must be measured is invalid.

    If the garlic smuggler got what he deserved then what does an attempted murderer deserve and what does the child abuser deserve ?

    Lets be honest and tell us what you think they should have gotten.

    BTW it provides a useful yardstick to measure how our justice system measures the lives of the citizens it supposedly protects.
    9 life sentences for rape in 2014, the vast majority of rapes ended in prison time no suspension and the usual sentence imposed being at least 10 years in that year 2 sentences fully suspended and at least one of them overturned on appeal. So in numbers 9 times more people got life than a suspended sentence.

    Life sentences in Ireland are a joke.
    Lets call a spade a spade and drop the "life" connotation.
    Life does not mean anywhere near Life.
    It has shag all to do with a prisoners natural life as in the USA.

    A capital murder, murder of a Garda (prison officer ?), was meant to carry a 40 year sentence.
    In 2013 the Supreme court allowed capital murderers to get 25 per cent remission normally afforded to other prisoners.
    Another fooking joke.

    In 2014 it was found by NUI study that the average time lifers spent in jail was up to around 20 years.
    In the 1970s/1980s it was around 7.5 years.

    http://www.irishtimes.com/news/crime-and-law/average-
    life-sentence-up-to-two-decades-from-7-years-in-1980s-1.2181655


    In 2015, there were around 350 people serving life sentences.

    The only prisoners I remember seeing anywhere near hefty sentences were John Shaw & Geoffrey Evans, Jimmy Ennis, Noel Callan & Michael McHugh, Colm O’Shea & Patrick McCann and Malcolm McArthur.

    A life sentence in Ireland varies from 13 to 20 years AFAIK.
    So you think a life sentence for rape is low?

    How long did attempted murderer, kidnapper and rapist larry murphy get again ?
    Oh and why does a prisoner automatically get remission ?
    Oh yeah it is for good behaviour and not re-offending.

    I mean isn't it expected that he could not re-offend in jail ?

    I am not allowed discuss …



  • Closed Accounts Posts: 3,295 ✭✭✭FortySeven


    That wife if I remember was seriously injured with brain injuries, he was if I remember appealing conviction also as wife had refused to give evidence.

    It didn't mention that in the piece to be fair. In that case 8 years seems fine. Raping a child with down syndrome and threatening to kill them is worthy of a lot more than 3 years. 10 would he the minimum imo.


  • Posts: 22,384 ✭✭✭✭ [Deleted User]


    jmayo wrote: »
    Well I will admit I don't like your political allegiances.
    You can tell a lot about a person by the company they keep and the people they support ;)

    I get the feeling I am being stalked.

    Hmmmm. I'm not sure I'm comfortable with this. The forum has afaik rules about dragging in references to other threads.

    I'll decline to answer, on the basis that no doubt you'll keep coming back about the political stuff that motivates your personal campaign.

    Bit tacky using the rape of kids as your cloak to have a go though.


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


    We're gonna end up with another Larry Murphy/Danny Ward vigilante scenario when this guy gets out.

    It would not surprise me one bit if it turns out that there is a nonce fraternity within Irelands judge's. It won't be long either until people are waiting outside of their houses ready to do a number on them for their crimes against society.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    jmayo wrote: »
    Well I will admit I don't like your political allegiances.
    You can tell a lot about a person by the company they keep and the people they support ;)



    If the garlic smuggler got what he deserved then what does an attempted murderer deserve and what does the child abuser deserve ?

    Lets be honest and tell us what you think they should have gotten.

    BTW it provides a useful yardstick to measure how our justice system measures the lives of the citizens it supposedly protects.



    Life sentences in Ireland are a joke.
    Lets call a spade a spade and drop the "life" connotation.
    Life does not mean anywhere near Life.
    It has shag all to do with a prisoners natural life as in the USA.

    A capital murder, murder of a Garda (prison officer ?), was meant to carry a 40 year sentence.
    In 2013 the Supreme court allowed capital murderers to get 25 per cent remission normally afforded to other prisoners.
    Another fooking joke.

    In 2014 it was found by NUI study that the average time lifers spent in jail was up to around 20 years.
    In the 1970s/1980s it was around 7.5 years.

    http://www.irishtimes.com/news/crime-and-law/average-
    life-sentence-up-to-two-decades-from-7-years-in-1980s-1.2181655


    In 2015, there were around 350 people serving life sentences.

    The only prisoners I remember seeing anywhere near hefty sentences were John Shaw & Geoffrey Evans, Jimmy Ennis, Noel Callan & Michael McHugh, Colm O’Shea & Patrick McCann and Malcolm McArthur.

    A life sentence in Ireland varies from 13 to 20 years AFAIK.

    How long did attempted murderer, kidnapper and rapist larry murphy get again ?
    Oh and why does a prisoner automatically get remission ?
    Oh yeah it is for good behaviour and not re-offending.

    I mean isn't it expected that he could not re-offend in jail ?

    The average for life in Ireland is I believe 18 years the longest currently is 30 plus years. The issue of how long is life is one for the Minister for Justice

    The issue of remission is again one not for judges but for the Dail, they could remove remission with a simple Act.

    People can only be sentenced for what they have done not what they may do.


  • Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭Monife


    I really don't understand the sentencing in this country. On the one hand, you could get 8 years for selling drugs but only 6 for raping two children!!

    I saw in the Indo a couple of weeks ago that a chartered accountant got 2 years for stealing 400k off his clients yet on the following page a scumbag with 71 previous convictions got a suspended sentence for armed robbery.

    This country is a joke!


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  • Registered Users, Registered Users 2 Posts: 13,226 ✭✭✭✭jmayo


    I get the feeling I am being stalked.

    Hmmmm. I'm not sure I'm comfortable with this. The forum has afaik rules about dragging in references to other threads.

    I'll decline to answer, on the basis that no doubt you'll keep coming back about the political stuff that motivates your personal campaign.

    Bit tacky using the rape of kids as your cloak to have a go though.

    Jaysus take a look at my posting history if you want.

    You will find me on lots of threads discussing lenient sentences in Ireland.

    In fact one of big bugbares has been how for instance Manuela Reido could still be alive if not for the decisions of a couple of judges and our criminal justice system letting out prisoners early.

    You just happen to be on this thread and maybe some others.
    I actually couldn't give a cr** if you are or not, just try and answer my questions about whether you agree the sentence in this case and some others were too lenient.

    BTW I have posted on your other thread about flags and I even agree with you.
    So better shoot me now before the next thing i know i am wandering around in a Kerry jersey quoting Pat Spillane or something equally scary.

    I am not allowed discuss …



  • Closed Accounts Posts: 4,133 ✭✭✭Shurimgreat


    Is the leniency or not of sentences based almost entirely on mitigating circumstances, particularly sexual offences.

    The judge takes into account your level of remorse (entirely possibly to fake), previous good character, level of co-operation with the gardai, commitment to reform programs, home circumstances, eg possibly a carer and so on and so forth.

    I don't agree with it myself as many of these mitigating circumstances are bogus and seem to favour the perpetrator more than the victim.

    Aren't some or most judges directly elected in the US for example? Would there be anything to be said for this, ie a judge who is directly answerable to an electorate and so imposes penalties the community agrees with.


  • Registered Users, Registered Users 2 Posts: 41,301 ✭✭✭✭Mellor


    Maybe I wasn't clear. My point is that the judge could have given the guy six years on each charge, to run concurrently. Instead he choose to give him three years on each, to run consecutively. While on the face of things, the sentences seem equivalent, I'm sure there must be an angle here.

    Consecutive sentences are not the norm in Ireland and two concurrent six year sentences would have looked better, so why did the judge choose the three year consecutive option?

    I suspect there are some (even softer) implications from the consecutive option.

    Apologies, I missed the "six in the sentence. I thought you were asking 3 years CC vrs 3 years CS.
    It's a good question. I'm not sure if there is a difference beyond the obvious clerical one.


  • Registered Users, Registered Users 2 Posts: 41,301 ✭✭✭✭Mellor


    Aren't some or most judges directly elected in the US for example? Would there be anything to be said for this, ie a judge who is directly answerable to an electorate and so imposes penalties the community agrees with.

    Some states are, less than half. But I believe it's only for Supreme Court positions. Regular judges are appointed


  • Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭Monife


    Is the leniency or not of sentences based almost entirely on mitigating circumstances, particularly sexual offences.

    The judge takes into account your level of remorse (entirely possibly to fake), previous good character, level of co-operation with the gardai, commitment to reform programs, home circumstances, eg possibly a carer and so on and so forth.

    I don't agree with it myself as many of these mitigating circumstances are bogus and seem to favour the perpetrator more than the victim.

    Aren't some or most judges directly elected in the US for example? Would there be anything to be said for this, ie a judge who is directly answerable to an electorate and so imposes penalties the community agrees with.

    Mitigating circumstances clearly aren't followed consistently i.e. scumbags with countless previous convictions getting suspended sentences, surely mitigating factors should work against them also and these people should get longer sentences.


  • Closed Accounts Posts: 1,660 ✭✭✭armaghlad


    We're gonna end up with another Larry Murphy/Danny Ward vigilante scenario when this guy gets out.

    It would not surprise me one bit if it turns out that there is a nonce fraternity within Irelands judge's. It won't be long either until people are waiting outside of their houses ready to do a number on them for their crimes against society.
    I'd sincerely doubt that.

    I'm not a legal expert but there are sentencing guidelines in place that judges must follow. it is precisely those mitigating factors that have already been mentioned that help determine sentencing.

    No matter how abhorrent a crime may seem and how much public outrage is generated; judges can't just decide "hmmm.. throw away the key" based solely on public reaction.

    The perpetrator has clearly got some mitigating factors (bogus or otherwise) which resulted in a seemingly lesser sentence for his crimes.


  • Closed Accounts Posts: 1,660 ✭✭✭armaghlad


    Probably has a mental illness. Poor fella. Locking him up won't help him etc. etc. How could someone who's right in the head do something like this etc. etc. some other lefty boll0cks.
    Yeah. Should just take a leaf out of the right wingers' book and cover it up and pretend it didn't happen...


  • Registered Users, Registered Users 2 Posts: 22,086 ✭✭✭✭El_Duderino 09


    Aren't some or most judges directly elected in the US for example? Would there be anything to be said for this, ie a judge who is directly answerable to an electorate and so imposes penalties the community agrees with.
    No x1000. When you consider the number of people who advocate mob beatings and routine 'kickings' to be administered by other prisoners, on behalf of the state. I'm not sure if it has been raised in this thread or not, but it's usual for people to support the rape of the perpetrator in prison to add to their sentence.

    People are terrible judges of appropriate punishment. Is the us system working in some way that isn't obvious? It sounds like a very violent place with lots of crime and very high recidivism. They do punish very harshly, but don't actually try to solve the problem.

    It depends on your desired outcome. Some just want to punish,others want to make society safer. There are countries who have relatively very low recidivism but I doubt most people would be interested in those countries approaches. They would be good in the long run but not very satisfying to the blood thirsty part of humanity that wants to beat or rape the perpetrator.


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


    Quote:

    Originally Posted by vicwatson
    A signal needs to be sent to these nonces, and I've yet to see a judge sending these signals.
    El_Duderino 09

    Imprisonment is the signal for anyone who values their freedom, I would have thought.

    The point is that the sentence isn't next nor near long enough. Too lenient.


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  • Registered Users, Registered Users 2 Posts: 19,696 ✭✭✭✭rob316


    Raping a disabled child? It really doesn't get much worse than that.

    I fully condone someone shanking this lowlife to death in prison.


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