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Craicnet

Light sentencing in Ireland re crime

253 replies

LadyEloise1 · 02/03/2022 09:18

Anyone else sick of the light sentences given in Ireland for crime.
I've just seen that a man who raped and sexually abused his youngest sister starting when she was 6 and he was 12 was given 7 and a half year sentence for the rapes. He was given consecutive sentences totalling 5 years for the sexual assaults but the judge decided that sentence would run concurrently with the 7 year term. FFS !!!
Apparently his remorse (yeah right ), the fact he pleaded guilty and he had no previous convictions were mitigating factors. The judge suspended the final 18 months of the sentence, despite the judge saying that the victim was a vulnerable and defenceless child, the offences were humiliating and degrading, that the victim had a right to bodily integrity and that she lived in fear.
Will this child rapist be out in 3 years ?
I am utterly disgusted with this sentence.

OP posts:
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miri1985 · 12/07/2024 21:16

The most damning bit in the article about his offences

"Ms Murphy accepted it was concerning that the accused had been assessed by a probation officer as being at a high risk of reoffending."

That is not someone that should be given a suspended sentence, at a minimum there should be court mandated treatment if they don't want to lock him up. I genuinely don't know what on earth judges are thinking when it comes to these sentences

https://www.breakingnews.ie/ireland/ex-student-avoids-jail-over-placement-of-mobile-phones-in-bathroom-of-shared-house-1649021.html

Ex-student avoids jail over placement of mobile phones in bathroom of shared house | BreakingNews.ie

A former student who secretly placed mobile phones in the bathroom of a house he shared with other students with the camera facing towards the shower and the toilet has been given a suspended sentence

https://www.breakingnews.ie/ireland/ex-student-avoids-jail-over-placement-of-mobile-phones-in-bathroom-of-shared-house-1649021.html

UtopiaPlanitia · 13/07/2024 13:07

The judges are thinking of protecting the man’s reputation, they don’t want to ‘ruin his life’. They’re not thinking about the women and children these men abuse. It makes me wonder why so many judges think that men like these will somehow reform their behaviour after a judicial slap on the wrist.

Somehow judges don’t make the connection between weak sentencing/low risk of punishment and the proliferation of sexual abuse. Abusers are willing to roll the dice given the low risk of being caught and put in prison.

ciaopizza · 14/07/2024 09:28

I wondered if it's down to lack of prison space. I can't understand it otherwise. How long until Nolan retires?

DublinFemale · 14/07/2024 11:12

ciaopizza · 14/07/2024 09:28

I wondered if it's down to lack of prison space. I can't understand it otherwise. How long until Nolan retires?

Martin Nolan is 65. Judges average 70 before they retire.

www.irishtimes.com/news/judges-allowed-early-retirement-1.440588 that is old 3012

www.oireachtas.ie/en/debates/question/2019-07-23/655/ this is more recent 3019.

www.independent.ie/regionals/herald/burglar-who-targeted-judges-house-jailed-for-three-years/31241655.html

I cannot find it anywhere but I think Martin Nolan had given the burglar a suspended sentence previously and he then broke into judges house.

He is a pure misogynist through and through.

deeahgwitch · 14/07/2024 16:40

He has 4 children. And a wife.
Can they not influence him in any way ?
Sad

DublinFemale · 14/07/2024 19:58

deeahgwitch · 14/07/2024 16:40

He has 4 children. And a wife.
Can they not influence him in any way ?
Sad

I feel he is of the McQuaid generation and women and children should be seen not heard.

MarieDeGournay · 15/07/2024 10:06

DublinFemale · 14/07/2024 19:58

I feel he is of the McQuaid generation and women and children should be seen not heard.

If Judge Nolan is 65, that means he was 13 when McQuaid retired as archbishop. He is more a creation of the 70s and 80s than the 50s. His attitude to women comes from somewhere else.

Judges are a mixed bunch, and politicians have little influence over them, which is mostly a good thing. Judge Nolan is so predictable that when you feel yourself getting outraged at a sentence, you are 99% certain it'll be him😠
There's a judge called Tony Hunt who I've noticed making a lot of insightful comments about violence against women, consent, children and the law, etc. He's a fairly recent appointee I think. So there's some hope for the future.

honeyrider · 15/07/2024 13:37

If I was the victim of male violence and got to court and saw Judge Nolan I think I'd have to seriously consider giving up and not bothering going through a trial as I know I wouldn't get justice.

deeahgwitch · 15/07/2024 13:53

honeyrider · 15/07/2024 13:37

If I was the victim of male violence and got to court and saw Judge Nolan I think I'd have to seriously consider giving up and not bothering going through a trial as I know I wouldn't get justice.

This. 💯🥲

DublinFemale · 15/07/2024 16:13

honeyrider · 15/07/2024 13:37

If I was the victim of male violence and got to court and saw Judge Nolan I think I'd have to seriously consider giving up and not bothering going through a trial as I know I wouldn't get justice.

This 💯

If I was the perpetrator I would be happy taking my chances if I got Martin Nolan.

hastalav · 15/07/2024 18:16

Male on female violence/rape/sexual assault should ONLY be heard by female judges I think. I know that may not be possible due to this or that equality law etc., but it just might make a difference.

Seems to me that male judges fail in a lot of cases to understand the devastation of such crimes on women, and the male judges just tend (to my mind anyway) to "stand by their man".

That Nolan bloke is a disgrace, and his approach to sentencing in such cases often makes me wonder why. I'll leave it there.

DublinFemale · 15/07/2024 20:14

hastalav · 15/07/2024 18:16

Male on female violence/rape/sexual assault should ONLY be heard by female judges I think. I know that may not be possible due to this or that equality law etc., but it just might make a difference.

Seems to me that male judges fail in a lot of cases to understand the devastation of such crimes on women, and the male judges just tend (to my mind anyway) to "stand by their man".

That Nolan bloke is a disgrace, and his approach to sentencing in such cases often makes me wonder why. I'll leave it there.

I don't know about that it was a female barrister Elizabeth O'Connell that held up the underwear of a 17yr old as evidence she wanted it when she raped in a dirty field by a 27yr old.

hastalav · 15/07/2024 21:53

DublinFemale · 15/07/2024 20:14

I don't know about that it was a female barrister Elizabeth O'Connell that held up the underwear of a 17yr old as evidence she wanted it when she raped in a dirty field by a 27yr old.

The defence counsel defends THEIR client, the accused. Neither that barrister or any other can apply a sentence if the accused is found guilty. I know you are aware of this, so I don't mean to sound patronising. I agree though that the tactics of that female barrister were outrageous.

The judges, if female may have a lot more empathy than their male counterparts when dealing with sexual assault and rape/domestic violence cases, well I'd certainly hope so. Females are 90%+ more likely to be victims of such crimes than males. QED re the male judges then I suppose.

jonnytightlips · 15/07/2024 22:05

hastalav · 15/07/2024 18:16

Male on female violence/rape/sexual assault should ONLY be heard by female judges I think. I know that may not be possible due to this or that equality law etc., but it just might make a difference.

Seems to me that male judges fail in a lot of cases to understand the devastation of such crimes on women, and the male judges just tend (to my mind anyway) to "stand by their man".

That Nolan bloke is a disgrace, and his approach to sentencing in such cases often makes me wonder why. I'll leave it there.

Some of the women judges aren't much better, judge Melanie Greally being one:

www.limerickleader.ie/news/national-news/1543396/he-brutalised-me-man-gets-just-two-years-in-jail-for-raping-young-cousin-on-family-farm.html

www.rte.ie/news/courts/2023/0327/1366622-stephen-gregan-court/

extra.ie/2022/03/23/news/irish-news/man-threatened-woman-acid-suspended-sentence

DublinFemale · 16/07/2024 11:26

@jonnytightlips

Thank you I couldn't remember the female judge that has a dubious record when it comes to sentencing.

DublinFemale · 16/07/2024 11:56

It does not matter what the custodial sentence is when the the whole sentence can be completely suspended and the convicted can walk out of the court

This is from 2007 and still suspended sentences are the norm.

This is judge Paul Carney, he was another judge who showed no respect to victims of crime.

www.rte.ie/news/2007/0511/88871-keanea/

www.irishexaminer.com/maintopics/person-fiona-doyle_topic-283493.html

And because he was only found guilty of manslaughter.

momentelon.weebly.com/the-murder-of-robert-holohan.html

DublinFemale · 16/07/2024 11:59

And don't get me started on the automatic 25% remission rule.

Remission and early release should be earned.

Why does anyone get an automatic 25% off the woeful sentence (in a lot of cases) for 'good behaviour'

What good behaviour they are in court for bad and criminal behaviour

deeahgwitch · 16/07/2024 13:07

DublinFemale · 16/07/2024 11:59

And don't get me started on the automatic 25% remission rule.

Remission and early release should be earned.

Why does anyone get an automatic 25% off the woeful sentence (in a lot of cases) for 'good behaviour'

What good behaviour they are in court for bad and criminal behaviour

This 💯

When was it decided that Ireland should be a soft sentencing society ?
That victims don't seem to matter much.
Who decided it ?

jonnytightlips · 16/07/2024 14:26

God Melanie Greally imposed a proper sentence today for a particularly horrific crime for the poor victim.
Hopefully this is not an isolated judgement on her part.

www.rte.ie/news/2024/0716/1460178-court-husband/

DublinFemale · 16/07/2024 23:28

jonnytightlips · 16/07/2024 14:26

God Melanie Greally imposed a proper sentence today for a particularly horrific crime for the poor victim.
Hopefully this is not an isolated judgement on her part.

www.rte.ie/news/2024/0716/1460178-court-husband/

That sentence has the potential to be appealed by defence.

The defence will imply undue hardship and present a few cases where the perpetrator got a lot less. That sentence has potential to have it shortened.

An obvious one being Fiona Doyle. There will be more The Kilkenny Incest Case is another

UtopiaPlanitia · 17/07/2024 00:28

@DublinFemale Does that mean that previous lenient sentences can be used as precedents for lessening an appropriately strong sentence? So via this appeal mechanism the lenient judges also end up affecting other cases that they haven’t adjudicated themselves? God, that’s depressing and angering.

honeyrider · 17/07/2024 00:46

UtopiaPlanitia · 17/07/2024 00:28

@DublinFemale Does that mean that previous lenient sentences can be used as precedents for lessening an appropriately strong sentence? So via this appeal mechanism the lenient judges also end up affecting other cases that they haven’t adjudicated themselves? God, that’s depressing and angering.

Yes that's the current situation.

DeanElderberry · 17/07/2024 06:27

But they do act decisively in real emergencies. Enoch Burke has been locked for months being annoying to the judiciary. Can't have that.

deeahgwitch · 17/07/2024 08:04

DeanElderberry · 17/07/2024 06:27

But they do act decisively in real emergencies. Enoch Burke has been locked for months being annoying to the judiciary. Can't have that.

You are very bold @DeanElderberry Smile

DeanElderberry · 17/07/2024 08:12

I am. I must apologise. Enoch was locked UP for months, not locked.