Is there something wrong with sentencing guidelines or with judges or both?

For anyone interested in Irish crime, I would highly recommend the Crimeworld podcast. They do mainly modern day organised crime, Kinahans, etc. but also talk about the history of crime in Ireland and occasionally have guests from abroad, psychologists, criminologists, and people from within the Irish legal/penal system. They give good insights into the whole system from the circumstances of crimes, background of the criminals, how the gardai work, the courts, sentencing, prison, etc. It can be surprising to hear how these experienced crime reporters view some elements of crime and punishment, including judges and sentencing.
 
And this is nowhere near the worst sentencing outcome. While it was before my time, I'm sure many here will remember the Murder of Declan Flynn in Fairview Park in Dublin in 1982. Five men/teens attacked and killed an innocent man in a planned attack. The judge found them guity of manslaughter but let them walk free because they were young and the victim was gay. A few years later one of the killers raped a pregnant woman and was jailed for 10 years. The Flynn case remains one of the worst decisions made by an Irish court but thankfully would be unlikely today.
My parents often spoke about that. I have a gay uncle and there was always the fear that something like that would happen to him.
 
Brenda Power: Botox behind bars and no jail terms for financial crime — radical ways to shake up our broken prison system

Power starts off highlighting the ordeal of Margaret Loftus, where the sentence for the abuser seems light, but the worst part is how difficult and slow the whole case was for the victim. It's a strong story for anyone trying to seriously discuss the problems in the system.

Unfortunately Power suddenly switches to DJ Carey, Brendan Mullin, and Enoch Burke. She reckons non-violent crimes should not get jail time; the offenders can be punished financially for the rest of their lives and their humiliation would be a deterrent. A complete lack of understanding of the psychopathology of some of these individuals and the potential consequences of some "white collar" crimes.

Then she finishes with a flippant mention of giving criminals plastic surgery. It's hard to believe it was signed off by the editorial team. You would expect better of a barrister of 30 years.
 
Here we go again

"A 41-year-old man who assaulted a GAA umpire after an interaction with his son at a minor hurling match has received a fully suspended three-month sentence."

The esteemed judge in her breath-taking ignorance and stupidity said, "If he had an issue with how his child was treated by an umpire, he should have politely approached him after the match" Members of the public have no business approaching or interacting with match officials, players or team officials.

I only hope the umpire recovers from the assault he suffered as a result of his valuable contribution by officiating at under-age matches and the GAA bans this thug from all GAA activities for life. "Judge Crowe said an aggravating factor was Mr Kelly's previous convictions, including one for assault."

Enough said.
 
the GAA bans this thug from all GAA activities for life

Absolutely. I assume that's well within a judge's power? Would be a relief to the other parents, children, and volunteers too.

If he did it to a teacher on schoolgrounds, he would surely be banned?
 
I’ve umpired many hurling, Camogie, Gaelic Football matches. Things can get out of hand. Lots can be said, even tempers rising, shouting insults, etc. It comes with the territory and any umpire worth his/her salt can usually calm matters. Where physical aggression is used, I reckon is usually used over some matter other than the game. The last thing I need is a supporter, parent, Bainisteoir, mentor, player approaching me after any game. I once received some Queen cakes after a game from a selector who had heaped insults on me during the Camogie match.

Some GAA clubs have open nights where referees, umpires, linesmen, players, bainisteoirì etc attend to answer questions from the public regarding playing rules, abuse, gamesmanship etc. Such gatherings can be very good in many ways.
 
I assume that's well within a judge's power?
I don't know. Assuming the ground is the property of the club, the parish or the GAA, they'd have to have to get a complaint, maybe via the referee's report, then ban the guy as the first step and then get a court order to enforce it somehow. It's a tough one. As an amateur sport that relies on the good nature and time of @Leper and the like to operate and survive, it's a shame that officials would need that level of protection. The one thing I always loved about rugby was the mayhem that commenced with the first whistle ended with the last one always, in my experience, stayed on the field between the touch and dead-ball lines.
 
Absolutely. I assume that's well within a judge's power?
No, they don't have the authority to do that. The penalties available are set out in the legislation. Banning them from the GAA would be a matter for the GAA itself.
 
It seems to get worse with each passing day

"A former Irish boxing team captain has been jailed for six years for stabbing her cousin 12 times in a frenzied "vendetta" attack in Mullingar.

Mary Nevin, aged 25, pleaded guilty to causing serious harm to her second cousin, Mary-Kate Nevin, 22, on 3 May 2024, near the accused's home on Austin Friars Street in the Co Westmeath town.
"

"The Director of Public Prosecutions urged a 10–15 year prison term. The charge is under section 4 of the Non-Fatal Offences Against the Person Act, which carries a possible life sentence."

"She had no recorded criminal convictions but received the Probation of Offenders Act for public order and violent disorder offences seven weeks before the stabbing."

The judge ignored the previous offences and the input of the DPP and arrived at some lenient number for some extraordinary reasons, which are not explained in the report or presumably in court.

15 years, no remission for a life ruined by her potentially lethal actions.

I hope the DPP appeals the lenient sentence.
 
Ten years each for dangerous driving causing death and 5 years for the injuries to the couple's daughter, all sentences to run consecutively and a life-time ban from driving. Mr Halpin has a history of serious road traffic offences, he obviosly hasn't learned from previous presumably equally lenient prosecutions and innocent members of the public deserve protection from him.

Again, I hope, probably on vain, that the DPP appeals.
 
More unexplained and inexplicable leniency from a judge

"A man who carried out a "savage" and unprovoked one-punch assault on a homeless man in Dublin city centre almost three years ago has been jailed for six years.

Shane Murray, who was 19-years-old at the time, assaulted Damien Merrigan, then aged 49, who sustained serious injuries including head and facial fractures at Aston Quay on 7 September 2023.
"

"Murray was on bail at the time of this incident. He has 81 previous convictions including for drugs offences, violent disorder, assault causing harm, theft, road traffic matters and possession of a mobile phone while in custody."

"Ms White [prosecuting] told the court that the DPP places this offence into the sentencing range of 10 to 15 years due to the unprovoked nature of the assault, the use of an implement during the course of the assault and that the assault was to the head of the injured party."

The judge decided society doesn't deserve protection from Murray's record of savagery and ignored the DPP's insight and Murray's violent history. Sentenced to a mere 6 years, he'll be free in 3 or 4.
 
81 convictions by the age of 19...!

Homeless people are already very vulnerable, the victim must have been so traumatised afterwards.
 
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