Comments on: Another Sentence Controversy in the Irish Courts… http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/ Writer and Journalist Mon, 23 Aug 2010 17:17:00 +0000 hourly 1 http://wordpress.org/?v=3.0 By: BREDA HAMMOND http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/comment-page-1/#comment-1460 BREDA HAMMOND Sat, 08 May 2010 20:11:11 +0000 http://abigailrieley.com/wordpress/?p=131#comment-1460 THE IRISH JUSTICE SYSTEM SHOULD TAKE A LOOK AT OTHER JUSTICE SYSTEMS IN OTHER COUNTRY'S - ON THE ISSUE OF..... CONCURRENT SENTENCING / SUSPENDED SENTENCING & BAIL LAWS. THEY ARE THE 3 IMPORTANT AREAS WHICH SHOULD BE BROUGHT UP TO SPEED IN LINE WITH THE LEVEL OF CRIME AND CRIMINALS. THERE HAVE BEEN MANY TRIALS WHERE A DEFENDANT COMMITTED A MURDER AND LEFT ANOTHER VICTIM FOR DEAD - HE GOT A LIFE SENTENCE FOR THE MURDER ,AND A SUSPENDED SENTENCE FOR THE SECOND CRIME. SO THAT EQUALS = THE GUY WHO LIVED TO TELL THE TAIL GOT NO JUSTICE... HOW FAIR AND BALANCED IS THAT ? ONE WOULD WONDER IF THE SECOND CHARGE WAS HEARD SEPARATELY WOULD IT STILL BE A SUSPENDED SENTENCE........ ON THE SUBJECT OF SUSPENDED SENTENCING .... WHAT A WASTE OF TAXPAYERS MONEY, COURT AND JURY TIME.... THE JURY SPEND HOURS DELIBERATING, THE FAMILY / VICTIM SPEND A TRAUMATIC TIME LISTENING TO THE EVIDENCE FOR 1 - 3 -6 WEEKS, AND THE TENSION WAITING FOR THE JURY TO COME BACK WITH THE VERDICT. THE RIGHT VERDICT COMES BACK AND THEN THE JUDGE GIVES A SUSPENDED SENTENCE. TO ME THAT IS MAKING A MOCKERY OF THE JUSTICE SYSTEM .... AND PUTTING THE VICTIM/ FAMILY THROUGH ALL THAT ANGUISH .. FOR WHAT ? TO HAVE THE DEFENDANT SNEER AT THE VICTIM AS HE/SHE WALK FREE TO DO IT AGAIN . AS REGARDS BAIL LAWS ... THE GARDS KNOW THE DEFENDANTS BETTER THEN THE JUDGES YET WHEN THE GARDS RECOMMEND NO BAIL THE JUDGE STILL GIVES IT .. OFF THE DEFENDANT GOES AND A DOES A MORE HEINOUS CRIME WHILE WAITING FOR A TRIAL DATE FOR THE FIRST CRIME . ITS NOT ROCKET SCIENCE TO WORK OUT THAT IF THOSE 3 IMPORTANT FACTORS WERE ADDRESSED IT WOULD BE A STEPPING STONE TO TRYING TO CRACK CRIME ....................... THE IRISH JUSTICE SYSTEM SHOULD TAKE A LOOK AT OTHER JUSTICE SYSTEMS IN OTHER COUNTRY’S – ON THE ISSUE OF….. CONCURRENT SENTENCING / SUSPENDED SENTENCING & BAIL LAWS.
THEY ARE THE 3 IMPORTANT AREAS WHICH SHOULD BE BROUGHT UP TO SPEED IN LINE WITH THE LEVEL OF CRIME AND CRIMINALS.

THERE HAVE BEEN MANY TRIALS WHERE A DEFENDANT COMMITTED A MURDER AND LEFT ANOTHER VICTIM FOR DEAD – HE GOT A LIFE SENTENCE FOR THE MURDER ,AND A SUSPENDED SENTENCE FOR THE SECOND CRIME. SO THAT EQUALS = THE GUY WHO LIVED TO TELL THE TAIL GOT NO JUSTICE… HOW FAIR AND BALANCED IS THAT ? ONE WOULD WONDER IF THE SECOND CHARGE WAS HEARD SEPARATELY WOULD IT STILL BE A SUSPENDED SENTENCE……..

ON THE SUBJECT OF SUSPENDED SENTENCING …. WHAT A WASTE OF TAXPAYERS MONEY, COURT AND JURY TIME…. THE JURY SPEND HOURS DELIBERATING, THE FAMILY / VICTIM SPEND A TRAUMATIC TIME LISTENING TO THE EVIDENCE FOR 1 – 3 -6 WEEKS, AND THE TENSION WAITING FOR THE JURY TO COME BACK WITH THE VERDICT. THE RIGHT VERDICT COMES BACK AND THEN THE JUDGE GIVES A SUSPENDED SENTENCE. TO ME THAT IS MAKING A MOCKERY OF THE JUSTICE SYSTEM …. AND PUTTING THE VICTIM/ FAMILY THROUGH ALL THAT ANGUISH .. FOR WHAT ? TO HAVE THE DEFENDANT SNEER AT THE VICTIM AS HE/SHE WALK FREE TO DO IT AGAIN .

AS REGARDS BAIL LAWS … THE GARDS KNOW THE DEFENDANTS BETTER THEN THE JUDGES YET WHEN THE GARDS RECOMMEND NO BAIL THE JUDGE STILL GIVES IT .. OFF THE DEFENDANT GOES AND A DOES A MORE HEINOUS CRIME WHILE WAITING FOR A TRIAL DATE FOR THE FIRST CRIME .

ITS NOT ROCKET SCIENCE TO WORK OUT THAT IF THOSE 3 IMPORTANT FACTORS WERE ADDRESSED IT WOULD BE A STEPPING STONE TO TRYING TO CRACK CRIME …………………..

]]> By: BREDA HAMMOND http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/comment-page-1/#comment-329 BREDA HAMMOND Fri, 24 Apr 2009 04:14:30 +0000 http://abigailrieley.com/wordpress/?p=131#comment-329 THE JUSTICE SYSTEM SHOULD TAKE A LONG HARD LOOK AT THE BAIL LAWS, APPEALS ON SENTENCES , FREE LEGAL AID .ITS A JOKE AND IMBALLANCE IN FAVOUR OF THE CRIMINAL. A HIGH % OF MURDERS IN IRELAND ARE COMMITTED WHILE OUT ON BAIL. WHEN JUDGES IMPOSE A SENTENCE WITHOUT LEAVE TO APPEAL, THE DEFENDENT GOES AHEAD AND APPEALS ANYWAY. A HIGH % of DEFENDENTS HAVE MADE A LOT OF MONEY FROM THEIR CRIME AND STILL GET FREE LEGAL AID. COME ON DEPT OF JUSTICE WAKE UP AND SMELL THE COFFEE. THE JUSTICE SYSTEM SHOULD TAKE A LONG HARD LOOK AT THE BAIL LAWS, APPEALS ON SENTENCES , FREE LEGAL AID .ITS A JOKE AND IMBALLANCE IN FAVOUR
OF THE CRIMINAL.
A HIGH % OF MURDERS IN IRELAND ARE COMMITTED WHILE OUT ON BAIL.
WHEN JUDGES IMPOSE A SENTENCE WITHOUT LEAVE TO APPEAL, THE DEFENDENT GOES AHEAD AND APPEALS ANYWAY.
A HIGH % of DEFENDENTS HAVE MADE A LOT OF MONEY FROM THEIR CRIME AND STILL GET FREE LEGAL AID.
COME ON DEPT OF JUSTICE
WAKE UP AND SMELL THE COFFEE.

]]> By: BREDA HAMMOND ADVIC FOR VICTIMS OF HOMICIDE IN IRELAND. http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/comment-page-1/#comment-297 BREDA HAMMOND ADVIC FOR VICTIMS OF HOMICIDE IN IRELAND. Wed, 15 Apr 2009 17:43:06 +0000 http://abigailrieley.com/wordpress/?p=131#comment-297 ADVIC FOR VICTIMS OF HOMICIDE IN IRELAND SUPPORT THE FAMILY OF ROY COLLINS IN LIMERICK. EMAIL. info@advic.ie www.advic.ie ADVIC FOR VICTIMS OF HOMICIDE IN IRELAND

SUPPORT THE FAMILY OF ROY COLLINS IN LIMERICK.

EMAIL. info@advic.ie http://www.advic.ie

]]> By: Anon http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/comment-page-1/#comment-184 Anon Wed, 04 Mar 2009 01:17:59 +0000 http://abigailrieley.com/wordpress/?p=131#comment-184 No,thank you for writing this article. I googled "Rape appeal Irish courts" and this is what came up..Very little information,other than your article. I would like to add that,however bad my experience was,I would encourage anyone who has been raped/sexually assaulted to report it,to see it through..no matter how hard it seems. I feel bad that if a comment like the one I posted may put a person off: Do not let it go, pursue it. It is hard to go through a court case but the more people who come forward and report assaults and see them through to the end will maybe, just maybe, result in the authors comment "I have often thought that more care should be taken to look after both accused and chief prosecution witness" That is a fundamental right and such a valid point. So thank you Abigail. It is nice to know that there are people out there taking an interest and commenting on the madness of our legal system! No,thank you for writing this article. I googled “Rape appeal Irish courts” and this is what came up..Very little information,other than your article. I would like to add that,however bad my experience was,I would encourage anyone who has been raped/sexually assaulted to report it,to see it through..no matter how hard it seems.
I feel bad that if a comment like the one I posted may put a person off: Do not let it go, pursue it. It is hard to go through a court case but the more people who come forward and report assaults and see them through to the end will maybe, just maybe, result in the authors comment “I have often thought that more care should be taken to look after both accused and chief prosecution witness” That is a fundamental right and such a valid point. So thank you Abigail. It is nice to know that there are people out there taking an interest and commenting on the madness of our legal system!

]]> By: Abigail http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/comment-page-1/#comment-183 Abigail Tue, 03 Mar 2009 18:38:33 +0000 http://abigailrieley.com/wordpress/?p=131#comment-183 Thank you so much for your comment Anon. I've sat through many rape trials over the years and have talked several friends through what to expect during the cross examination by the defence. It's not a pretty process and I can only imagine how hard it must be on the stand. I have the utmost respect for your decision to go forward, unfortunately there are so many cases that don't get to court. The Irish judicial process has at it's heart the assumption of the innocence of the accused. While I would agree that this is a vital assumption to ensure a fair trial it can mean a hellish experience for the victims. I've often thought that more care should be taken to look after both accused and chief prosecution witness. At the moment it does seem to be slanted very firmly one way. I've seen situations in the past where the accused and the victims were forced to sit close by each other on the same bench because of the court room the trial had been sent to. I'm choosing my words carefully here because I don't particularly want to open any floodgates but I have heard your arguments many times before. At the very least it seems deeply unfair that rape is considered serious enough to be tried in the Central Criminal Court but not serious enough to have a mandatory sentence. Thank you so much for your comment Anon. I’ve sat through many rape trials over the years and have talked several friends through what to expect during the cross examination by the defence. It’s not a pretty process and I can only imagine how hard it must be on the stand. I have the utmost respect for your decision to go forward, unfortunately there are so many cases that don’t get to court.
The Irish judicial process has at it’s heart the assumption of the innocence of the accused. While I would agree that this is a vital assumption to ensure a fair trial it can mean a hellish experience for the victims. I’ve often thought that more care should be taken to look after both accused and chief prosecution witness. At the moment it does seem to be slanted very firmly one way. I’ve seen situations in the past where the accused and the victims were forced to sit close by each other on the same bench because of the court room the trial had been sent to. I’m choosing my words carefully here because I don’t particularly want to open any floodgates but I have heard your arguments many times before. At the very least it seems deeply unfair that rape is considered serious enough to be tried in the Central Criminal Court but not serious enough to have a mandatory sentence.

]]> By: Anon http://abigailrieley.com/wordpress/index.php/2009/01/29/sentence-controversy-irish-courts/comment-page-1/#comment-182 Anon Tue, 03 Mar 2009 15:55:23 +0000 http://abigailrieley.com/wordpress/?p=131#comment-182 Judge Carney is the voice of reason in the ludicrous Irish legal system. The trial of the man who raped me was a nightmare, his legal team tore me apart. They got the trial delayed the first time, so we had a wasted trip to Dublin. It eventually went ahead almost 9 months later (2 1/2 years after the attack). He was sentenced by Judge Carney to 6 years. Carney said that the crime warranted 8. I now realise this was because if he had not said that, then in the appeal the lawyers could argue that Carney "had not taken his immaturity into account" So they are now appealing his conviction and sentence (possibly even look for a retrial) over a MINOR legal point that Carney ALREADY dealt with at the trial. The Irish legal system is biased towards the rapist..they should hang their heads in shame at the manner in which a rape survivor is treated. There most definitely should be a mandatory sentence for rapists. On a whole other point I wonder how much the "false start" trial + the full 5 day long trial + the appeal is costing the tax payer?? Judge Carney is the voice of reason in the ludicrous Irish legal system. The trial of the man who raped me was a nightmare, his legal team tore me apart. They got the trial delayed the first time, so we had a wasted trip to Dublin. It eventually went ahead almost 9 months later (2 1/2 years after the attack). He was sentenced by Judge Carney to 6 years. Carney said that the crime warranted 8. I now realise this was because if he had not said that, then in the appeal the lawyers could argue that Carney “had not taken his immaturity into account” So they are now appealing his conviction and sentence (possibly even look for a retrial) over a MINOR legal point that Carney ALREADY dealt with at the trial. The Irish legal system is biased towards the rapist..they should hang their heads in shame at the manner in which a rape survivor is treated. There most definitely should be a mandatory sentence for rapists. On a whole other point I wonder how much the “false start” trial + the full 5 day long trial + the appeal is costing the tax payer??

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