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Suspended sentence for causing brain injury

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    #62
    AnMuinteoirOg
    Registered Users Posts: 120 ✭✭AnMuinteoirOg


    Judge Nolan also sits in Court 5 in the Criminal Courts of Justice and so when sentencing, deals 99% of the time with people who have admitted to what they have done and have plead guilty at the very first opportunity.

    Judges have to sentence people on a scale which has been given by higher courts. Judge Nolan usually deals with people on the lower end of the scale, in that they have plead guilty and are unlikely to re-offend. Judges are bound by this scale because the accused will just appeal and get their sentence reduced if they don't.

    Thats why it seems he's constantly giving weak sentences.


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    #63
    Stihl waters
    Registered Users Posts: 715 ✭✭✭Stihl waters


    SuperSean11 wrote: »
    Thugs from a rich background buying their way out of prison by the sounds of it

    What makes you believe he's from a rich background


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    #64
    walshb
    Registered Users Posts: 54,589 ✭✭✭✭walshb


    begbysback wrote: »
    The boards.ie lynch group are really clutching at straws with this one, no previous convictions, seems genuinely remorseful, willing to compensate, very unlikely to reoffend, and the real damage to the victim may have been as a result of a fall after the assault.

    If ever there was a case for a suspended sentence then it seems this is it.

    Yes, looks to be very genuine remorse here.

    I hate to read about these type cases where very little or no remorse shown.

    An act of madness whist under the influence.

    Not condoning it, just analysing it. Not some career violent scumbag, genuine remorse about it.

    Victim thank god has recovered well..


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    #65
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    walshb wrote: »
    Yes, looks to be very genuine remorse here.

    I hate to read about these type cases where very little or no remorse shown.

    An act of madness whist under the influence.

    Not condoning it, just analysing it. Not some career violent scumbag, genuine remorse about it.

    Victim thank god has recovered well..

    If his remorse was genuine he would have written an apology long ago not handing up a letter on the day of his sentence


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    #66
    walshb
    Registered Users Posts: 54,589 ✭✭✭✭walshb


    McCrack wrote: »
    If his remorse was genuine he would have written an apology long ago not handing up a letter on the day of his sentence

    I don’t know how genuine the remorse is. I just know the court have said that he was genuinely remorseful. Only he truly knows this.

    I have no issue believing that he could be genuinely remorseful..

    I can only speak for myself, but if I punched someone in an incident like this due to me making a terrible error of judgment due to whatever, and I hurt someone, I would be very upset for having caused this hurt..

    The incident revolves around alcohol and boisterousness and all that..

    It is not an excuse. Just a factor..

    My sympathies are 100 percent with the victim..

    I was just somewhat happier to read that the perpetrator had 0 convictions and had at least expressed his remorse.


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    #67
    alchemist33
    Registered Users Posts: 10,969 ✭✭✭✭alchemist33


    If the victim had died, presumably it'd be a manslaughter charge carrying a much bigger sentence*. The only difference in the outcome is pure luck. Something that's always puzzled me about the justice system is how they base decisions on outcomes based on luck rather than the level of recklessness or intent involved.

    * I suppose it could have gone the other way, the victim jumping straight up, some handbags and everyone going on their merry way.


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    #68
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    political analyst wrote: »
    The Dáil has the constitutional authority to hold judges to account, i.e. impeachment. So why isn't the Dáil doing that with judges who constantly give unduly lenient sentences?

    So, you believe that the government should be able to dismiss a judge that issues a judgement the government doesn't like?


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    #69
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    alchemist33 wrote: »
    If the victim had died, presumably it'd be a manslaughter charge carrying a much bigger sentence*. The only difference in the outcome is pure luck. Something that's always puzzled me about the justice system is how they base decisions on outcomes based on luck rather than the level of recklessness or intent involved.

    * I suppose it could have gone the other way, the victim jumping straight up, some handbags and everyone going on their merry way.

    Because the system primarily works on what did actually happen, not what could possible have happened.

    You pointed out why yourself


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    #70
    Rezident
    Registered Users Posts: 1,770 ✭✭✭Rezident


    Losing all respect for the Irish Legal system, everyone knows it is massively biased against fathers, no wonder so many just give up on their kids or commit suicide, they let criminals away with horrific offences like this one and it only seems to exist to financially benefit lawyers and insurance fraudsters.


    And that criminal who robbed Barnhill stores near me (they do great food) killed a 53 year old lady while making their getaway and only got off 4 years! He committed the robbery (and killing) while already out on bail for another violent office. So he'll be out in 2.


    No wonder so many are openly ignoring COVID restrictions when the underlying legal system is a such a sick joke. Without a credible threat of enforcement, sure why would they obey the 'laws'?


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    #71
    AllForIt
    Registered Users Posts: 8,269 ✭✭✭AllForIt


    https://www.thenorthernecho.co.uk/news/19094455.dad-ones-you---mp-dehenna-davison-launches-inquiry-one-punch-assaults/

    Before Covid there was talk in the UK about increasing sentences for one punch attacks. I fully agree with that because I don't believe that men are predisposed to flying off the handle uncontrollably such that they can't help themselves throwing a punch. I believe if it was out there one punch attacks would be treated much more severely by the law much less of them would happen. If young men think throwing a punch to the head is a trivial thing from which not much damage can be done then they should be made think again.


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    #72
    Scratchly
    Closed Accounts Posts: 294 ✭✭Scratchly


    alchemist33 wrote: »
    If the victim had died, presumably it'd be a manslaughter charge carrying a much bigger sentence*. The only difference in the outcome is pure luck. Something that's always puzzled me about the justice system is how they base decisions on outcomes based on luck rather than the level of recklessness or intent involved.

    * I suppose it could have gone the other way, the victim jumping straight up, some handbags and everyone going on their merry way.

    Doesn't matter what the charge is. Nolan will let them off the hook regardless.

    https://www.google.com/amp/s/www.thesun.ie/news/4775335/mum-fury-judge-acquitted-man-punching-partner-death/amp/


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    #73
    political analyst
    Registered Users Posts: 4,442 ✭✭✭political analyst


    Niner leprauchan wrote: »
    So, you believe that the government should be able to dismiss a judge that issues a judgement the government doesn't like?

    Of course not.

    But you must understand the anger that there is about the sentences given by Nolan.

    https://gript.ie/impeach-martin-nolan/


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    #74
    [Deleted User]
    Posts: 2,799 ✭✭✭ [Deleted User]


    "Studying for a masters in ... risk management"!! :eek:


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    #75
    DeadHand
    Registered Users Posts: 2,713 ✭✭✭DeadHand


    “We do not let people buy their way out of jail in this court” said Judge Nolan.

    Having just allowed a wealthy defendant buy his way out of jail for 20 grand.


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    #76
    grassylawn
    Registered Users Posts: 489 ✭✭grassylawn


    Punching people is bad but it is not really seen as that bad generally in society.
    A single punch rarely results in many consequences.
    Lots of TV shows and movies feature punches being thrown without significant consequences. Lots of the time the act is glorified. Or it is just seen as a fitting response to being offended.
    Punches get thrown by competitors in non-combat sports.
    Most people don't get into any trouble for throwing a single punch. Even if they result in black eyes or broken noses.
    Most people don't think badly of people for throwing a single punch.
    Throwing a punch is a split second action. It might be done without forethought. Therefore there is not necessarily the same level of intent as a sustained or planned assault (though in this case they seemed to have planned the attack).

    I think that violent attacks in general should be punished and viewed as unacceptable in a way that they often are not.


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    #77
    walshb
    Registered Users Posts: 54,589 ✭✭✭✭walshb


    grassylawn wrote: »
    Punching people is bad but it is not really seen as that bad generally in society.
    A single punch rarely results in many consequences.
    Lots of TV shows and movies feature punches being thrown without significant consequences. Lots of the time the act is glorified. Or it is just seen as a fitting response to being offended.
    Punches get thrown by competitors in non-combat sports.
    Most people don't get into any trouble for throwing a single punch. Even if they result in black eyes or broken noses.
    Most people don't think badly of people for throwing a single punch.
    Throwing a punch is a split second action. It might be done without forethought. Therefore there is not necessarily the same level of intent as a sustained or planned assault (though in this case they seemed to have planned the attack).

    I think that violent attacks in general should be punished and viewed as unacceptable in a way that they often are not.

    Excellent post, and something I have always felt....

    The portrayal of it in the media as regards films and that.....spot on

    Happens every day of the week on the soccer and GAA and rugby pitches, and nobody bats an eyelid....

    You even hear commentators and their causal dismissals/downplaying it of being "part of the game" and all that nonsense...

    I never condone it.....it's thuggish. And, can prove very dangerous, even fatal.......

    I think folks don't realize at times how fragile life can be. The most innocuous of punches to the head/face can, at times have devastating consequences.


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    #78
    Daragh1980
    Closed Accounts Posts: 118 ✭✭Daragh1980


    SuperSean11 wrote: »
    Thugs from a rich background buying their way out of prison by the sounds of it

    On the same day in the same newspaper, a Clondalkin man agrees to hold 178000 worth of heroin and cocaine for a drug dealer as he needs funds to pay for his father’s funeral. Gets 5 year suspended sentence.

    Loads of people on social media talking about “postcode justice” re the OP’s Lucan punch case and saying “money talks”, “if he was from Ballyfermot, he’d do time”. But ignoring the fact that the guy in the drugs case also got off.


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    #79
    walshb
    Registered Users Posts: 54,589 ✭✭✭✭walshb


    Daragh1980 wrote: »
    On the same day in the same newspaper, a Clondalkin man agrees to hold 178000 worth of heroin and cocaine for a drug dealer as he needs funds to pay for his father’s funeral. Gets 5 year suspended sentence.

    Loads of people on social media talking about “postcode justice” re the OP’s Lucan punch case and saying “money talks”, “if he was from Ballyfermot, he’d do time”. But ignoring the fact that the guy in the drugs case also got off.

    That’s a disgusting case of leniency!

    And it’s no wonder we have crime gangs. Eff all deterrent.

    And for every case of someone in an affluent area being shown leniency for crimes, there are more than enough in “rougher” areas to even it up.


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    #80
    JP Liz V1
    Registered Users Posts: 85,021 ✭✭✭✭JP Liz V1


    SlowBlowin wrote: »
    I agree.

    My father was killed (stabbed in the stomach) by someone who a few years before had stabbed some one else. They were very remorseful, the first time, and escaped a prison sentence. For my fathers murder they were found guilty, sentenced to life, and were out in 10.

    Families of the victim need to be considered too, trying to move on with your life is much more difficult when you feel the weight of injustice (soft sentence).

    EDIT: Having now actually read the report, it was not as serious a injury as I assumed, but I still think the punishment was soft.

    Sorry to hear that, life in Ireland should mean life

    This guy from op should have got a jail term, we are too lenient
    https://forumofgames.com/




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    #81
    Strumms
    Registered Users Posts: 24,807 ✭✭✭✭Strumms


    Far too lenient on crime here... why ?

    I think every political party doesn’t want to alienate a certain demographic of voter and appear too right wing as regards crime...

    I’m left in almost all my political and social outlooks, but as regards crime and criminals, I want proportionate and fair punishment for the crimes committed...

    NOT.. lenient punishments because of troubles or lack of opportunity that criminals endured...

    We should not be giving somebody a hall pass because they had a tough upbringing... you had a tough time ? So you are because of the crime that you were just convicted of... assault / theft / fraud... instilling a tough time on somebody else in 2021 ? Bollocks to handing out hall passes for that.


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    #82
    fritzelly
    Registered Users Posts: 17,248 ✭✭✭✭fritzelly


    Monetary compensation to avoid jail time should never be an option in the court unless the victim agrees to it.

    It totally biases against those that can afford it and those that cannot and that is not how the courts should work

    So not surprised Nolan's name is attached to this - whole legal system in Ireland is fecked up, a judicial system shouldn't rely on whether the judge had a nice breakfast that morning or if you're a "valued" member of the GAA


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