Every right minded adult in this country ought to be sickened and ashamed of the way this case has been dealt with. To think of the horror that lady was put through by her father and mother and now by the ‘justice’ system. Justice my ar$e.

1. Ensure a minimum of “x” number of years has to be served and then only increase it depending on the gravity of the crime.
2.His serious medical condition should not be considered – he admitted to the crime, put him away!

No they should get on with doing their job & sentence these animals appropriately. I was in court the other day & the most time taken up with the courts was trafic law which shows me that the government & the justice system are more interested in money than justice. We dont need reviews we need a culture change. If you lock,up a man for 6 years for fiddling garlic why cant rapists & murderers get 40 or 50 years in prison. It stinks of corruption.

There should be mandatory minimum sentences for Rape and Sexual offences against children, what these judges allow to happen is nothing short of disgusting.

Rapists should never see the light of day.

The government should look at sentencing times for all crimes.

“Oh no poor Paul is old and unwell and sure he’s been well behaved, lets let him out on bail I mean it was only ten years of rape.” What the HELL. This justice system is so messed up. That old freak should be locked up until the day he dies. NO exceptions.

It’s not the law that needs to be reviewed. It’s the whole system of selecting the judiciary that needs reviewing. The power bestowed on individuals just because of their political affiliations is downright scary.

Meanwhile a man is about to serve an 8 month sentence for slapping a woman on the bottom. What is wrong with our country !
I think the entire judicial system needs reform.

Rape and child sexual abuse should carry an an automatic life sentence; no time off for ‘good behaviour’, no minimum sentence. Life should mean life. The fact that Larry Murphy is back living in Ireland with no supervision or monitoring is frightening. In cases where sex offenders are freed then they should be watched 24/7, or at the very least the general public should know where they live at all times.

It’s the judge that is at fault here not the law. Suspension is at his discretion. He could have imposed the full 12 years and let the man appeal. That would have greatly helped the victim by showing her support.

How can women worldwide especially in places like India be encouraged to fight for change when countries like Ireland with our so called enlightened justice system hand out verdicts like this. I’m angry & very disillusioned.

I’ve worked extensively with survivors of CSA and it can be heartbreaking how abandoned they feel by society, as well as adults they should have been able to trust – this kind of sentence sends a message that child abuse is a “minor” crime.

‘his expression of remorse and good behaviour were mitigating factors in releasing him’ What the!? Why? Good behaviour after 10 years of raping his own daughter? This has really sickened me. Why isn’t there a mandatory life sentence for rape?

We need a full review of the whole Dickensian, expensive, slow moving, out of touch Legal System. Not just sentencing guidelines. One major problem I have with this particular case, is that the Trial Judge convicts, imprisons and then releases on leave to appeal. It seems to me that this is flawed. A separate judge should decide on the leave to appeal and Bail.

Of course they should it is nothing short of scary at this stage.

Dead serious,
Flynner

The Government should review how these ‘judges’ got their positions in the first place.

after yesterday it would make you think twice about even seeking justice through our courts . Our nation has lost the run of itself ! It would make you start to understand why people sometimes talk the law into their own hands . My sympathy to that woman !

I cannot begin to imagine what the victim has gone through – 10 years of a daily hell, then the hell of living with it, then the difficulty of reporting it, then the trauma of a court trial and recalling things I’m sure she’d much rather not in front of family and strangers, all the time dealing with her own family…

Whereas the perpetrator – attended a court trial, then carries on as he was before…

Some justice/deterrant. Sickening.

Im in favour of sentencing guidelines however I am unsure about statutory sentencing. However the fact that he was convicted of a crime and sentenced to three years in jail and then let out on bail is completely ridiculous.

This shouldn’t even be up for discussion – he should be jailed, end of.

I’m shocked that 42% thus far voted no?? A man who raped his daughter for a decade gets 9 yrs suspended and I read yesterday a man who slapped a woman’s bottom gets 8mts in Jail. So Yes my opinion is they need to be looked at!! When you compare the two stories it speaks out to me, it’s ok to rape for 10yrs. (I condone any sexual advances minor or otherwise but the difference in sentencing is ridiculous)

We have too look at our judges as much as the system Paul Carney used his discretion to give the suspended sentence thus putting the severity (or lack there of) of the sentence directly at his doorstep. Similarly last week with the 6 months that the multiple child abuser (who was a gaurd working with scouts) got. These are two disgracefully sentences in one week, and no matter how you see the purpose of prison , Rehabilitation, A deterrent, or simple punishment. These sentences serve none of these causes. We need to shine as much of a light on the judges themselves as we do the justice system, from where I stand its simply ineffective at best.

I notice he left court with a packed travel bag. Obviously he himself expected to be banged away but got an unexpected result in his favour. I’m astonished at those people who continue to highlight the cost of keeping him in jail. He’ll probably get better care locked up than that available on the outside. Even so, he should be locked away immediately for the full 12 years with no remission. At least this would send a message to similar sexual abusers prowling the country in search of innocent victims.

of course thing need to change, its a slap in the face to all those who suffered to let an animal like that free, i can only say she is stronger than many gave her credit for, she came forward and is giving others the courage to do the same, the legal system here is a disgrace, paying compensation to victims,reduced and suspended sentences is wrong, how would a judge feel if it was a member of his family? Re think it all

I hope Patrick O’Brien dies alone and in agony. He ruined his daughters life beyond repair.

until ireland rids its self of the ‘old school tie/old boy ‘ network things will remain the same in political, judicial, medical and other sections of sociaty. this country is run by people who are in high positions with big saleries and pension packages, not because of their knowledge or skills in a certain aspect of life but because they went to the right school or come from the right family, or commit /donate to the right party, until this cronism is stamped out ,Ireland will remain a country where its not what you know its who you know that counts. reform has to be both judicial and political. the same goes for the affiation of church and state.

The laws of any country are not about JUSTICE. Laws are a set of rules and sticking to the rules is supposed to be JUSTICE! Here the judge said he had to consider the perpetrator’s illness and age. He was apparantly ‘bound’ to do that. This is patantly wrong. Sick people have been jailed, there are medical services available. he did walk a heck of a long way outside the courts…so not sure how disabled/ill he actually is. we are not informed. what profoundly hurt the victim was the judge declaring the guy of ‘good character’ now! how terrible a statement like that is. this just shows this judge has absolutely no idea about sexual abuse. No Idea. This therefore points to a judge that in fact ‘felt sorry’ for the sex offender (he’s ill and is of appant good character -sic) rather than even thought how his judgement AND comments would further harm the victim . we can all write to the DPP and complain LOUDLY. The DPP has powers to do something here.

Need to call Dexter !!

Bad/Sad day for victims of abuse everywhere. 12 years with 9 suspended was bad enough, but an appeal keeps this man among us until the appeal is heard?? Something very wrong with the system in this country when a judge’s decision puts someone like this man out on the streets again. Hopefully, when the appeal case comes up, his sentence will be increased, and he gets to live whatever is left of his pathetic life behind bars. The system needs to be changed, and quick! There has to be some sort of minimum sentence for these people with no leave to appeal. The victim must be absolutely devastated,as should everyone who resides in this country. I hope she and her family can get through this. She has lived a life sentence because of what this man did (and ADMITTED doing!!). Her hell should be over. It never will be because of this.

Yes they should !! And who brought in the law whereas you can pay off your victim !! As soon as that happened all bets were off!!

That’s not the issue here. The issue here was the victim got caught in a tug of war between Justice Carney & The DPP. Carney was looking to them to recommend a sentence where they refused to so he handed out a very controversial sentence. Disgraceful.

Whatever disagreement judge had with cca , the victim deserved way more than him making his mind up 5 minutes before giving this appaling verdict, way more than being viewed as collateral damage because he thinks the cca would overturn verdict. Let cca do what ever they do, but first let him do what he is there for and that is to deliver justice regardless of age or health. And if cca overturn this verdict who else is going to get a “get out of jail free card” if that precedent is set? and how long then will we have to wait for any gov to have enough balls to give guidelines?

Is it just me, or are more judges sorry to the perpatrator for getting caught?

Cos that’s what it looks like from here.

Disgusted. Judges need to answer to the people.

Here here about time the perpetrator gets equal treatment

42% No?! Scary! Who are these people? I hope I don’t live near them!

I have set up an event in the light of the ruling against Patrick O’Brien, It is called ‘March For Justice’ on fb. Please join and march on saturday in support for Fiona Doyle

In 2010 the UK Sentencing Council came into being, a similar body should be established here asap.

Why all the ‘Nos’???

what about the mother being charged , she knew and allowed it happen,

This is horrific for the woman involved but also for future women/men or children who would think about telling. We teach our children the stay safe programme, warn them in an age appropriate way as they grow about all possible dangers to be aware of, keep communication open, all the right things to do as a responsible parent. If the unthinakable happens, they come forward and “tell” at whatever age, and then the predator is not made to suffer the consequences of what they have done then what is the point of all of this? If this woman had murdered her father she may have gotten some kind of peace that he is not out there, she would have served time for it but at least she wouldnt be made to endure this suffering. A conviction is a conviction regardless of the perpetrators state of health and the fact that it was commited a long time ago doesnt dilute the pain and suffering. When is this bloody country going to be on the side of the victims?

I know these polls don’t serve any real scientific purpose – but I am curious on why people have voted no? I’m assuming by the comments so far, this has something to do with the problem being much deeper than just the sentencing guidelines, but am wondering if there is something else I’m missing here

Not only should the Government review sentencing laws for sexual assaults, they should also look at introducing fitness to practice laws for Judges.

Email minister@justice.ie to express your outraged. What message does this send to abusers?? How to this decision nurture confidence in the victims of these sick crimes to come forward and have faith in the judicial. System??? MAN UP Minister Shatter!

Sounds like money changed hands once again in our justice system…

Ireland is a patriarchal country that regards women and children as mans’ playthings, hence the light or non-existent sentencing. We’re like a Muslim country with Sharia laws, only ours is a Roman Catholic version.

Six years for tax evasion on garlic an not a day for ten years of rapeing your daughter???? what a discusting little country. This does not reflect a prolife approach does it??

The judge indicated that whatever sentence he handed down would be condemned as unfair but he also commented that if this man was given a tough sentence it would be considered unfair by the public. This is rubbish I’m sure most people would agree that a life sentence would be too lenient for this pervert

As a nation we have one of the highest levels of invest in the countries that keep records. The Rape Crisis centre deal with marital rape and invest all too often. Between the church and child sex abuse and the cases of invest there must be an acceptance among the catholic community that confession deals with these issues. There also must be a link between the men who have power and control over the women and children involved. Our judges are mostly male therefore some must have experienced some abuse or some have abused if statistics are to be believed. Women judges could also be victims which leaves problems for the regulators. Mandatory sentances should be handed down.

In a perfect world, the “what” and the “why” of a crime would be separated out.

Once you prove the “what”, then a certain sentence must be carried out. One criminal action, one sentence. No changes. No paroles. No way out. You have done X, you will pay by Y.

It should be where the “why” is determined that leniency is given/denied. A robbery is punishable by X days in prison, but if the why is altruistic, then that prison could be day release, access to books, phones etc. If the why is heinous, then time can be added for the crime of malicious intent.

If you do an action, expect an action to repay it. No judging, this is what it costs you. That’s it.

What I want to know is what where the 1261 people who voted no on this poll thinking? Jesus I’m thinking of abandoning this forum if that’s what kind of people are frequenting it.

Would all the no’s be the legal profession whit a hell of a lot more to gain if nothing is changed?

To put someone in prison you have to believe what they done was wrong!
Mr carney clears see’s nothing wrong raping a child for ten years.
As much as sentencing goes a look into the judges own morals is something that needs to be done too.
Also can someone please tell me why the government wasted so much money and time with that referendum last month when child protecting is not something they give one second thought to

These polls are becoming a joke.

Should have read “take ” the law into their own hands.

Should only be reviewed so pathetic judges like this should be answerable to their ridiculas actions absolutely disgraceful decision carney should be stood down

i fail to see how his age is an issue ,did the judge not take the age of the child into consideration ????,he should be locked up for the rest of his life !!

TBH, its not only for rape cases the justice system is an @ss. There was a story in the Paper last week for example, about a man who assaulted a baby, fracturing its skull and causing hemorrhaging to its eyes and head. He had previous convictions for sexual and physica; assault. He got 9 months. 9 MONTHS!!!???!!?? There really is NO justice. It is absolutely disgusting.

Just a comment about the way The Journal does polls. I don’t think the “don’t know” option is very useful. There are times I’d rather not vote but click this just to see the poll results, why not have that option instead? In other previous polls there have been multiple options, more than needed for a clear picture.

Do we know how serious this man’s medical condition is? If it’s terminal then there’s no point in spending the money to put him in prison.