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Dublin: 17 °C Sunday 19 May, 2013

‘Urgent review’ of sentencing needed after 72-year-old bailed for multiple rapes

The man was bailed by Mr Justice Paul Carney pending an appeal against his sentence for the rape and indecent assault of his daughter over the course of a decade.

Image: Niall Carson/PA Wire

THERE HAVE BEEN calls for an ‘urgent review’ of the sentences handed down for rape and sexual assault following the sentencing of a 72-year-old man in a Dublin court today.

The man, named as Patrick O’Brien by RTE News, had pleaded guilty to charges of rape and indecent assault of his daughter over the course of ten years. Mr Justice Paul Carney sentenced the man to 12 years in prison but suspended the final nine years and released O’Brien on bail pending an appeal.

It is the latest in a series of high profile cases which have seen seemingly disproportionately lenient sentences handed down to people found guilty of offences involving sexual assault.

Labour TD Aodhán Ó Ríordáin said the sentence today was ‘completely unacceptable’ and questioned whether a trend is emerging in Irish courts.

As a legislator I think this is completely unacceptable… The sentencing in rape and sexual assault cases should reflect the crime including the pain and trauma caused to victims by the perpetrator.
This is the latest in a number of high profile cases where the sentence imposed was far too lenient in proportion to the crime committed and it poses the question: is this becoming a trend in our courts?

The TD has called on Justice Minister Alan Shatter to carry out a review of sentencing laws.

The Dublin Rape Crisis Centre has previously called for judges to be given guidelines on how to sentence people found guilty of sexual assault charges.

Read: Judges ‘need guidelines’ for sexual assault sentencing >

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Comments (200 Comments)

  • He should be locked up until his dying breath, I don’t see why ill health is a get out of jail free card when he has roamed the streets for decades since his heinous crimes. Disgraceful

    Reply
    • For a start, let LIFE MEAN LIFE. Take sentencing out of the judges hands by having an independent sentencing body, made up of citizens.
      This wouldn’t be necessary if the judiciary weren’t completely out of touch with real people and the affects of crime.

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    • Judges are appointed by politicians, more yes men/women! They should be interviewed, have no connections to political parties and there’ll be plenty of space and time for property tax defaulters!

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    • This is a disgrace to see this man walk free

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    • Detached judges appointed by detached politicians.

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    • Phil 21/01/13 #

      Alan shatter needs to answer a lot of questions. Since he became justice minister crime has steadily increased and penalties for crimes decreased.

      Reply
    • Orly 22/01/13 #

      Well, arguably the penalty for crimes most commonly committed by the lower and middle classes has increased. It’s the oligarchy who are getting away with the heinous shit that they do. I wouldn’t want to be in the wrong place at the wrong time, as somebody who earns significantly less than the 40k you’d need to earn to be considered a human being by these people.

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    • The time has come for lay person to be put up on the bench with these pillars of society ,also we need all judges to vetted to see how many of them are bankrupt and open to corruption ,plus we need all appointing of judges taken away from the political parties .

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    • It seems what is happenng in the commercial courts are starting to rub of in the criminal courts,a crime like this has to punished very severely or we are only encouraging this anmal like behaviour .

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    • why is rape such a minor crime to Judges ?? I don’t give a dame if he has 1 week to live , he should live it out in a cell
      or a Prison Hospital but not out on the Street.
      the Court system and the law/ modeled on the Westminster System has no place in it for the victim, how will the victim feel? lets victimize the victim !!
      It makes me beyond mad !!
      sorry for venting but I get so cross, its the same here in Australia, it is far from being an Irish problem

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  • HIS age?!?? That poor child was 8. Horrible bastard, hope he dies roaring..

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  • How is it that the judge Carneys dessision on sentencing was based on a combination of factors…
    (a) the accuseds age
    (b) the accuseds health
    (c) the severity and scale of the abuse.
    Because of the accuseds “poor” health and age the judge suspended the last 4 years of his 12 year sentence and granted bail because of what he considered legitimate grounds for the accused to appeal.
    My question is, why is the Pedophiles health and well being taken into consideration when the victim of this evil monster isn’t. her age was 8 when the abuse started, surly if age is a mitigating factor in sentencing, should age not be also used in factors of severity of sentencing????
    That bring so…. This animal should never again see the outside of a penitentiary…

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  • I don’t understand if he pleaded guilty why doesn’t he go to jail? What can be appealed?

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  • I was only discussing this leniency with a friend recently. It’s a disgrace how the suffering of victims is never commensurate with the sentences handed down to abusers and perpetrators of sex crimes. I fail to see the point of these grossly over-suspended sentences. If the sentence is 3 years it should be 3 years. Giving someone 12 years and reducing it by 9 immediately is like raping the victim all over again. With the outrage over clerical sex abuse it’s now clear that the courts and the entire justice system is wholly inadequate and deserves the same disrespect. On the issue of leniency for elderly abusers, I disagree with this sentiment. Where was their compassion when it came to defiling their child victims – often immediate blood relatives. Women and children in Ireland deserve more respect than this. Shame…

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  • Hanging would be too good for him, a disgrace.

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  • This sends out a clear message. If you are abused dont bother reporting it. Sad sad inditement of our legal system. Rape is the worst of crimes and deserves the maximum penalty.

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  • How is it possible that this savage walked today? Getting any sort of fairness or justice seems to be almost impossible in Ireland today and it just seems that victims are just a statistic.

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    • It seems to me that, worldwide, the rape of women and children is coming to be seen as acceptable and as long as we have rape trials overseen by male judges we will have very light sentencing. Women watch out.

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  • This is absolutely Shameful … Her father raped her for 10 years from the night before her holy communion an innocent little child who should have been protected by her dad…… And now in 21 at century Ireland a pompous judge yet again hands down a laughable sentence …. Something has to be done… He’s not fit in my eyes to hold this public position.
    I would support any campaign to get this judgement over ruled…. Shame on all involved in this horrific result. Yet again Ireland becomes an International embarrassment…. Shame on you Dr Paul Carney…. Shame on you Alan Shatter ….
    This brave woman deserves justice …. This judgement is an insult to her and all rape victims & all victims of incest.
    Shameful

    Reply
    • Linda, I agree with every word you wrote. It seems that this Judge Paul Carney has no compassion or empathy for the victims of incest/rape. He should be removed from his office immediately, as he is ethically and morally unfit to deliver appropriate “Justice”. I wonder if Carney can sleep soundly at night, knowing that he has set an evil paedophile / rapist free. Who knows if this beast will endanger other children, while out on bail? I was also astounded to see what appeared to be the man’s wife accompanying him to the courthouse. What kind of a woman is that, who supports a paedophile husband who raped their daughter, when she was a child? Has she even an ounce of shame or remorse?

      Reply
    • Let us show our disgust at this sentence and our solidarity for this woman by marching on the dept. of justice office at St. Stephen’s Green at 2 pm on Saturday February 16

      Reply
  • Elrat 21/01/13 #

    His wife should be locked up with him for her part.

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    • absolutely, she is a disgraceful excuse for humanity.

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    • As a mother and a daughter, this is an apauling crime that deserves the toughest of sentences. I applaud this lady for her courage but im distraught at the result of the case today. I cannot imagine the pain and suffering that has been inflicted on this lady by the TWO people who were supposed to protect her inocense as a child. Prison is too good for both of them. I cannot describe what I believe should be done to these parents. How in the name of God could that woman walk into court with that animal knowing what he done to her beautiful daughter. Shame on them and the judicial system.

      Reply
  • An absolute disgrace! That poor woman lost her innocence and any form of a childhood after being raped and abused on a daily basis by the man who was supposed to love and protect her. Just because he has a medical condition (which prison staff have said could be accommodated) he has more or less got off scot free. What kind of country do we live in that would allow this? A disgrace! The DPP should appeal this sentence straight away!

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  • Sent out some message when a judge has more sympathy for the perpetrator rather than the victim of the crime.. no wonder our country and law and order is in the awful mess its in.. the courage this poor woman has shown only for it to be thrown back in her face.. another sad day for the judicial system..

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  • Picture of him smoking outside the court in Sunday World yesterday. Not bad for somebody supposed to be on oxygen eight hours a day.

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  • I saw on the news that he even had his hold-all with him as he left the court, the fiend was expecting to go to jail. Cannot believe how he walked free, he will get 24 hour care in prison, so ill-health is no reason for the judge not to jail him. His daughter is very brave and she deserves better than this.

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  • And to think that our tax payers money are paying for these judges lifestyle while they hand out terrible sentences like this ! ! In excess of €250,000 and expenses ! !

    All the effort that the gardai make to get the case to this stage an Judge Carney does this ! ! ! Sack him ! Remove him from his post ! !

    Sham on you shatter – time to resign ! !

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  • im so sorry for this brave woman who came forward and for this to happen her after all she has gone through. i hope she finds the courage and strength to live her life after all her trauma. that man ought to be fed to the pigs along with her relations that turned their backs on her. is their any protests planned to show our disgust? Im not ok with this!

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  • Try to rape someone pay a few quid to get off and blame it on a few lipitor for your heart which we all know causes rapey tendancies? and then the likes of this putrid animal getting off , why even try these pigs anymore the judges are an absolute embarrassment !

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  • This is crazy. Someone needs to find out what’s going on with sexual assault sentences. Regardless of age or health he should be locked up for the 12 years handed down.

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  • This man is a paedophile. Why is there no reference made to this in any report or hash tag? He raped a 7 year old for 10 years. I am utterly ashamed of the judiciary of this country. nIf Brigid is the mother of this woman and not some subsequent wife she should be ashamed of herself. How do you walk by the side of this monster when he did this to your daughter?nTo the victim my thoughts are with you, you are an inspiration. It’s awful that today did not endorse your courage.

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  • I cannot comprehend how this man walked out of court.. It is a disgrace , the reasons given by the Judge make no sense to me.. he admitted to committing these rapes.. I also cannot understand how some have her family have turned against her as though she was the perpetrator rather than the victim..he should be locked up for the rest of his probably short life..

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    • Backward Ireland , there’s a family from my local town, the father abused all his daughters and fathered a child to one of his daughters. He got a lenient sentence and was out as quick as he went in but guess what the wife/mother stuck by him through it all, pair of dipso’s the 2 of them. If they walked in to a local pub/restaurant everybody would get up and leave to show them what they were thought of. It’s not that uncommon for the wives to stay with them. Inbred phucks!!!

      Reply
    • this is not the first disgraceful decision given by said Justice Paul Carney – I haved noted his soft attitude towards male offenders before. He seems to be soft on this sort of crime.

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  • Why does it always seem to be Justice Carney?!?

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  • (speechless)

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  • Well i certainly hope the appeal backfires. Isnt it possible when a case is brought to appeal and a decision is made that they can ACTUALLY INCREASE the sentence? I certainly hope it does and the deciding judge whether it be the JOKER Carney or any other judge that they do take this course of action and give him at LEAST 12yrs with NO suspension. There is very little action against peadophiles in this country and the sentencig is paltry for what is best described as the MOST DESPICABLE crime imaginable. Priest that are walking free because the Brothers are keeping him at close quarters and under strict rules……well the laws of the land should be ruling on the sentencing and any act against a child should receive the maximum sentence possible. Whether a man of the cloth, a father, an old man, a wife that watches it happen, a stranger…………………ANYONE!!!!!!!

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  • We need to get out there and protest,25000 prolife people out and nobody to support this poor girl.She had to live with this for years,she is living with this every day.Jesus the women in India are on the streets.What is wrong with this country?As long as these Judges can get away with this behaviour it will continue.They are appointed by the government,don’t hear them shouting.

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    • I agree with you wholeheartedly Una, what would you think about setting a date and time and using social media to let people know. These girls need a show of solidarity and the dept of justice and judges need to know that this type of sentencing is unacceptable for these heinous crimes.

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    • I propose that we march on the dept of justice at St. Stephen’s Green at 2pm on Saturday, February 16, if you agree please share on your social media pages.

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  • This is disgraceful, and should concern everybody who is female or who has a sister, daughter, niece, or any other female relative. While the message that a sentence such as this gives to the perpetrator that what they did was somehow not so bad is disturbing, the message that is given to the person who has experienced the abuse is that they do not matter within the legal system of this state is even worse. These people have already had their lives destroyed by the abuser, and then when as in this case, people are brave enough to speak out, instead of being shown that this sort of behaviour is not acceptable within our state, that yes they do matter and the level of their suffering is acknowledged another blow is dealt, their suffering is added to and the perpetrator is let off the hook. I fail to see why ill health should be a reason for a lenient sentence, this girl’s childhood was stolen, her emotional, mental and physical health damaged. It is time to put a stop to this. I propose that a march on government offices should take place to show solidarity to this girl and all the others like her and to give the government a message that whatever changes need to be made to the law in order to ensure that perpetrators of this type of abuse receive sentences that adequately reflect the crime they have committed. If anybody else thinks this is a good idea, please reply and a time and date can be set for this. Let’s use social networking for the good.

    Reply
    • Aisling, what would you think about setting a date for a march and spreading the word via social media, there are far too many perpetrators of sexual crimes getting off with life sentences.

      Reply
    • Hi Susan,
      I very much agree with the sentiment but I think it’s fair to say that men can be victims of such crimes as well. And I don’t see that the sentence would be any harsher on their rapists. There is even more of a stigma attached to rape on men than there is on women. Can we try and be inclusive when we talk of victims of sexual assault?
      I think they all deserve better.

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  • This is just not right. How can we have faith in our justice system with this Judges sentence.

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  • Judge Paul carney should hold his head in shame, he does not deserve the position he is hiding behind. Such a brave woman, wronged by the state, again. Shameful.

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  • Paedophiles and their enablers seem to enjoy a very comfortable relationship with the justice system in this country, such rulings were reserved for the clergy no doubt, if they won’t lock up the clergy and treat people like his eminence Cardinal Sean Brady like royalty why is anybody surprised that this particular sicko is left off Scott free!

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  • We need to follow the US system and start electing judges. Maybe then they would care what we think.

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  • Sal 21/01/13 #

    This made me sick when I saw it on the news this evening. There is no justice in this country.

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  • Given the amount of cases like this continually coming to light, a credible demonstration of commitment, to justice & respect for the victims, is required from the authorities. A Geriatric-wing should be set up in Arbour Hill immediately. Those who had no mercy on the young are not entitled to the usual respect due to old age.

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    • Furthermore, just because an abuser took advantage of his own, convenient, child only (?) &/or is older than the average criminal, does not mean he is no longer a danger. Even a wheezy old man can still trap an assault a small child, if he thinks he’ll get away with it.

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  • WTF is the judge thinking? Between dodgy politicians, burglars serving days in jail and failed bankers still living in mansions, driving expensive cars and given an allowance larger than my households income…..BEFORE TAX…. what’s the point in abiding by the laws anymore?

    This country is a bad joke

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  • Women and clearly in thus case, children, are not safe in this society. We pretend to have moved on from years find by but we have not.

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  • And they wonder why more victims of rape/assult/domestic violence don’t come forward…..that’s why…..the perpetrator gets a slap, yet the victim has to suffer a lifetime of terror

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  • Welcome to Ireland where an evil brute rapes and sexually assaults his own daughter over a period of years and walks free, where priests rape and bugger young vulnerable children and remain uncharged, where bishops hide the crimes from the police and are promoted, where bankers and developers bankrupt the country and are not held accountable even rewarded, where politicians destroy the country and are rewarded with obscene pensions and where ordinary people who fail to pay their TV licence or household tax are put in prison! Truly is a Banana Republic! That animal should have been locked up until his dying day. The Irish courts are a complete joke!

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  • Absolutely Disgraceful to bail this bastard, health & age should not come in to it. The poor brave daughter took him on & for what – NO Justice – Shame on the Judge !

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  • What a f**king joke !!! What is happening to our legal system ???

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  • If this evil man had raped one of the judges family or friends it would be a different story, shame on you judge I wonder what you feel for the victim ?that’s if you feel anything at all. Beast should have been locked up, who cares how long ago it took place,point is it should never have taken place. So very proud of the beasts daughter for her bravery ..

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  • This is nothing short of a disgrace. This case should not be treated in isolation. Only recently two other cases had very light sentences. A disgrace we have learned nothing in this country when it comes to sexual assault and rape. This poor lady, the courage she showed in coming forward only to have this happen. As somebody who actively is involved in this area, I find this hard to fathom

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  • If every outraged person who posted on here were to email their TD demanding the DPP appeal the leniency of the sentence it would be bound to carry weight. And also demand the resignation of Justice Paul Carney, he does not seem to understand the seriousness of rape or any abuse against women.

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  • Review of sentencing needed, and a review of the judges suitability for the job after a sentence like that!

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  • Disgusted at the court. I hope the lady who had the strength to stand up to her father / abuser can take some comfort from the outrage shown here from everyone at not only what he put her through, but also the slap in the face from the court. Well done, you have my admiration and I wish you happiness in your future.

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  • There’s no review needed we just need to get rid of those dipshit judges that believe cos someone is old they don’t deserve to be in jail bulls**t, Carney is a disgrace and should be removed!,

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  • I have no words, I’m sickened by this and cannot understand how such evil is rewarded with freedom. Nice message to be sending out

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  • Health grounds? What a load of shite, photo on RTE of him with a fag in his mouth.utter disgrace

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  • This is disguising I feel ashamed that our country cannot give justice to this remarkable brave lady who suffered for years and spoke up and out to be heard and have some justice.
    I feel scared for myself my friends
    And my two daughters that should they ever need help from the justice system they will be worse off at the end of it.
    Our country is becoming a joke of a nation where even the most vulgar horrendous disgusting crimes and treatment towards our most precious and our most trusting citizens our children are treated with such disregard
    So so so sad

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  • The Indo reported today how a man got 6 months for slapping a woman’s bottom. While I’m not in any way condoning this act, here we have a much more serious crime but the offender walks away scott free because he’s now old and unwell, although his picture shows him well enough to smoke. Our judges are clearly in need of serious help here.

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  • Nothing needs millions spent on changing anything what needs to be done is judges to cop the f**k on and lock up these sick twisted animals instead of locking up young lads with a 10rs worth of hash..maybe the judge condones rape

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  • There is a mandatory sence of 6 months in jail for someone caught driving without insurance……Why can;t they make a mandatory sentence for the various rape crimes?

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  • What message does this send to victims ???
    Don’t bother reporting your rape because its just not worth it. Your victim will walk free even if they plead guilty.
    What an utter joke.
    Judge should be asked to explain his sentence because I doubt anyone in the country could explain what this clown did.
    I hope this pedophile monster gets what he deserves, either through the courts or on the streets…..preferably on the streets.

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  • A health problem and old age is a ticket to commit atrocious crimes? This is the worst judgement in the country. I hope our laws do not allow this, if they do, they need to change.

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  • Carney is a joke of a judge

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    • Carney…just kicked it upstairs out of his jurisdiction…the decision is no longer his and all his chums get another go on the merry-go-round of legal fees….that girl’s suffering is merely a vehicle for the judiciary to maximise their take

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    • Comment of the week. He’s an absolute disgrace!! Probably thinks he’s untouchable!!

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    • Judges get paid a salary- they don’t get paid per case so there would be no financial incentive for them to pass cases around like you say.

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    • @Alan so you think that judges and barristers are not friends at all? They never smoke cigars or discuss which premium German saloon to purchase down at the golf club? Come off it the legal system in this country is a disgrace and playing the public purse for fools all the time. Multiple offenders have been getting light sentences from judges so the can allow their barrister friends milk the free legal aid cow. Bloody joke

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    • @Matthew Ryan you are so right! The judges and solicitors are robbing us blind to fund this free legal aid circus they have going on! shower of self centered c-u-next-tuesdays!

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  • Vee49 21/01/13 #

    Total disbelief when I heard this on the news!

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  • Disgraceful…..so if I rape someone for years … I walk free but if I import garlic I go to jail.
    Now I wonder: What illegal activity should I take up?

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  • Dumbfounded, surely these judges have some form of professional ethics council to answer to. This leniency towards rape, paedophilia and other sexual crimes must be put to an end.

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  • Judge is a disgrace. The abuser should be dragged out of his death bed if necessary and thrown into the deepest, darkest hole this country has and left to rot. While you’re at it we should throw the judge in with him.

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  • Disgusted that such an evil monster, no matter his health/age, is free today even though he has pleaded guilty to horrendous crimes

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  • I don’t understand this decision. If there was some doubt of his guilt but he admitted the rapes. What is gone wrong with this country. Judges seem to be completely out of touch. The DPP needs to appeal the sentence because this so called man should have received life for what he did.

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  • Is this Judge Carney of retiring age? if not he should be thrown out of the juridical system he is a shameful person if he thinks a child can endure years of sexual abuse and then let the Father go as for the mother she should be lynched

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  • Same judge that sent Wayne o donoghue down for 24 months for murdering Robert houlihan, then he castigated the victims mother for having the audacity to vent her feelings in victim impact statement.
    DPP need to appeal this sentence ,

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  • Do the judges have to answer to anyone?……

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  • What an utter disgrace…some judges seem to be a law onto themselves, i wonder would he have handed down a similar sentence if it was his own daughter who had been subjected to the same attacks. I doubt it very much!

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  • He should rot in prison for the rest of life.

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  • Disgusting. He should be locked up and the key thrown away. So wrong in so many ways

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  • What is the saddest part of it is that Fiona – the victim – was abandoned by family, friends. They didn’t believe her. She was left with her pain. She deserved justice. She deserves to see him behind bars and her mother should be sentenced too.

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  • I cannot understand this at all. What message is it sending out to victims & to abusers?? I’m sick at the thought of what the poor victim is going through right now….

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  • Joyce 21/01/13 #

    After tearfully watching this lady on the news… Why is this judge allowed to preside over rape cases????
    especially when we look @
    http://www.rte.ie/news/2007/1219/shannonm.html?rss

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  • Sentencing really does need to be looked at in this state. Every case nowadays seems to result in a reasonable sentence being suspended to a ridiculously small period in jail. For a start, life sentencing should be increased. 14 years just doesn’t seem enough.
    What annoys me in this case is that the prison service actually came out to say that they have had prisoners with this gentleman’s illness and that they are well able to look after someone in his condition while he serves time for his crime.

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  • The same page of inependent.ie – “Man gets eight months in jail for slapping woman on bum ‘for the thrill of it’” .. no comment..

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  • I have just watched the heart break of this lady on the 11 oclock news..which in turn made me cry for her….omg..what has this country turned in to…true…we are just too accepting of such disgraceful judicial decisions…but I truly feel this is one of the lowest of the low…a march is needed…enough is enough…the indian people showed such solidarity for the horrific gang rape of that poor girl…the least we can do is show our solidarity for such a brave lady who got a kick in the teeth for the courage she has shown…I am still trying to get my head around why such a decision was made???? Sense?….none….

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  • Mr Justice Paul Carney in contempt of the Irish people.

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  • Apples for garlic????? some strange judical system

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  • This just proves the old proverb “The Law is an ASS” seriously this evil monster is let out and then they sentence a guy that slaps a girl on the bum ( which is totally wrong) to eight months. What more can be said!!!

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  • How can Kearney sleep easy after today, shocking stuff

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  • Raped by her father for 10 years and now by our so called justice system. I’m ashamed at the way we have treated this woman. There must be some way the DPP can speed this appeal up. The supposedly sick fu*ker is seen on TV lighting a cigarette outside the courts, justice my ass!

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  • sakipol 21/01/13 #

    Actually unbelievable. I don’t understand why minimum sentencing cannot be applied to these crimes. And why it can’t be along a spectrum, with the most serious crimes getting the most severe sentences.

    It sends out a horrible message. Particularly with mandatory reporting now – victims will be put through the trauma of testifying so that the convicted criminal walks free.

    There is no logic. It’s upside-down, twisted and cruel. Would it be so hard to have justice and consistency in our criminal “justice” system?

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  • Wat a joke he should rot behind bars wat ever age

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  • This government say they care about protection of children yet they sit back and do nothing while sex offenders walk free on bail, a judge hands down massive sentences on drug charges yet rape on a child , they are lenient .. What a joke our country is !!

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  • Is there actually something wrong with Justice Carney? It seems like he may need some medical attention himself. Im absolutely baffled by his decision.

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  • And we pay very good tax payers money to these judges, who sit there and make bad judgements an let criminals walk free. What are joke!!

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  • What a surprise. Paul Carney again. Disgraceful.

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  • Justice stinks, prisons are being ran like an Accountants firm. They have places for fines etc., yet murderers and rapists walk free. Judges are appointed by politicians, no interviews or accountibility? just like the politicians, the whole country is rotten from top to bottom!

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  • Are we in the Dark Ages or what? Our legal system is a joke. Our local and state politicians are a joke. Is Katie Taylor the only thing in this country to be proud of? I think not! People of Ireland. Stand up for your self and tell the system we ain’t going take it no more!

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  • The judge should also serve life behind bars !filth

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  • should be thrown in jail and key f##ked away
    Regardless

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  • Phil 21/01/13 #

    And only last week a judge quashed a case against a sergeant Garda sexually assaulting a female Garda in the station. As far as I read he grabbed her genitalia and said “I’d say your a screamer in bed”, she did scream and he got away with it from the judge on the day. Judge o Sullivan cleared him because he could have meant the comment in a “jocose fashion”. I think that means joke.

    Check it out:

    http://www.irishexaminer.com/breakingnews/ireland/garda-sergeant-cleared-of-sexually-assaulting-colleague-581169.html

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  • Shocked and disgusted is an understatement! What a joke of a legal system. Where is the justice for this poor woman?

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  • Criminal Justice

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  • Pathetic judgement, pathetic criminal ,pathetic justice system

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  • I’m sure there are some ‘not adding to the debate’ as such, but many are….very little point in giving out about debate or its standard….checking for grammatical or spelling errors when it is simply not important especially when considering the weight of the case at hand -the only way to effect change or opinion is to get involved….

    It would serve anyone well to look over the case history of P. Carney particularly in relation to rape and abuse cases – he has an appalling record…..another injustice…

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  • Just watched vinb apparently judge reached his decision 5minutes before giving it and nobody can fathom his reason to suspend 9 years and the release him on bail to appeal his sentence to court of criminal appeal who may uphold appeal and release him as if none of this really happened. How much compassion has he actually shown to this brave lady? Should he therefor be subject of impeachment?

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  • Ah thats our lovly system for you.. Sure up here in donegal blokes are being bailed after being arested for breaking into old ppl homes and part of the bail is the dont take alcohol..

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  • And another guy gets an 8 month prison sentence today (not suspended) for following a woman and slapping her on the bum, where is the balance when judges are handing down these sentences?

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  • Seriously?? What the blazes was the judge thinking, he has the power to hand down whatever sentence seems equitable in the circumstances, he was taking that bastards age & health into account…that poor CHILD was only 8 when the person she trusted most in the whole world destroyed her childhood, her innocence and most probably her ability to completely trust anyone ever again. Jail is too good unless they put him into the ‘friendly’ wing and look the other way & even that would be too good for him.

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  • Awful. Is this judge into trolling or something else?

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  • I have never seen such a strong reaction to a journal news article in a long time and rightly so. This sentence or lack of as the case is is nothing short of a tragedy. But here’s a suggestion, how about everyone, instead of writing comments under this article, send their comments directly to Minister Alan Shatter. I see almost a thousand people have “liked” the very first comment (including myself). Imagine if everyone that liked the comment and subsequently wrote one sent it to the Minister instead. Surely it would have some effect? I’m off now, I have an email to write, won’t you join me? alan.shatter@oireachtas.ie

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  • Justice system now like sales for serious crims , hit at right time and 70% off and if your lucky nothing to pay for years.
    How the hell we get this far if we haven’t guidelines?

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  • This judgement today only gives the message to the abuser that if you rape your ten year old daughters we’ll let you off when you get to 70! How does this instil confidence to victim of these violent acts to come forward and have faith in the judicial system. This judge should be removed. Shameful.

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  • Anyone up before him on sex crime charges must rub their hands with glee, knowing they’ll get off with a slap on the wrist (and probably a pat on the back for “givin’ her one”). He needs to be removed. He’s a dangerous idiot.

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  • Denis 21/01/13 #

    Hanging him would be too good, jail is to expensive and costs the state to much. Castrate him and brand his forehead. It’s cheap and will humiliate him for life, which is still to good for him. All sexual offenders deserve the same treatment.

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  • What an utter disgrace…no amount of mitigation could warrant such an outrageously lenient sentence…bullshite of the highest order!

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  • Is it illegal for me to ask is Judge Brian Curtin involved in sentencing these types? Would I get in trouble for asking if the judges hang out?

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  • So Daithi!! Is it a fair judgement? Do you have any opinion?? The suspension of 9 years and appeal granted for the rest based on the man’s health….You’ve got to be kidding…. While some of the comments are excessive…your fence sitting is equally disturbing…any moral person (regardless of spelling ability) can see that this man deserves gaol time – a sentence that fits the crime…

    Justice Carney is a disgrace!

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  • Unacceptable injustice for this woman and all victims of such crimes. Justice must be done

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  • The mother should be brought to trial Doc standing by and allowing if to happen. ! How chic could still bd with the monster who admitted this evil is behind comprehension.

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  • dp_184 21/01/13 #

    lance armstrong said his ban was a “life sentence “…… he does’nt know he was born !! …. was the accused thinking of anybody but himself when commiting these acts ! …. sod him and his age or health … throw away the key and leave him to rot !!!

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  • Ah this is the lovely corrupt country Ireland ah my mind just can’t take this horrific Judge carney decision he needs to be sacked my heart goes out to that woman Ireland justice system stinks and it’s so corrupt it will take decades for it to be changed

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  • Then and again it maybe revenge for being shamed into taking a paycut—- the ba****ds , how dare they I made the justice syst

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  • I’m saying it yrs now the justice system is a sham when killers get 3yrs and tax evaders get 6 yrs .. Pay off and .. Oh he’s old he’s not well .. Well pity about him .. This judge is shameful and should be defrocked ( if that’s wat its called ) ..

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  • Wtf!!!!!!!

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  • The judge Left it to the appeal court to sentence this man . Shame on judge carney . you will get a lot of law in the courts in ireland but you won’t get justice .

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  • Everyone (decent people) have the same sentiments regarding this case, and people are Red Thumb the comments ! What is going on?

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  • Does anyone think it would be useful to have a march for justice on behalf of this brave woman? I think something should be organized.

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    • I agree with you Sophie, so lets just set a time and date. I propose a march to the offices of the Minister for Justice, to take place on Saturday February 16 at 2 pm, to show solidarity for this woman and all others like her, let us show her that we support her, if you agree then just share the details via any social media accounts you have, ask everybody else to do the same and lets see what happens.

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  • Well done Justice Carney yet again you give a sentence that is deserving of the crime!!!!! (thats sarcasm btw) It is an absolute disgrace that this pedophile/rapist walked out of court. His health good or bad should not enter the equation he gave away his human rights when he took away his daughters innocence. And as for the mother grrrrr don’t get me started.

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  • Are the accused,sorry,are the guilty paedo and the judge in the same ring of friends?If not,then the judge is a coward,sympathiser and failure to the people he is sworn to protect.He should be taken off the bench for this behaviour,how can we have faith in the law if the law is not pursued to it’s fullest,by the law.

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  • this is just another fine example of how far out of touch we have let society slip!! if there were any fear of an outcry from us, the people of Ireland no judge would dare hand down a slap on the wrist like this for such an evil crime!! And another thing I know people who’ve got similar sentences as this piece of filth for completely victimless crimes!!

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  • So, Paul Carney & the DPP/CCA are at loggerheads & who suffers? Yet again it’s the victim in all of this, in this case Fiona Doyle. I used work in a factory where the theory was sort the customer first, solve problems later (certain readers of this will note that was the theory only, the practice was somewhat different!). However said motto stands true for the courts system as any workplace. If Carney is fed up imposing sentences that result in being reduced by half etc., why not be ultra severe & impose a life sentence & then see what the DPP/CCA do? Let them take the flak for reducing a justified sentence to a lenient one. Vast majority of right-minded people would look at todays’ occurrence & see that even if the rapist Patrick O’Brien hadn’t been released that the 12 year sentence, even with a ridiculous 9 years suspended, still wasn’t long enough for what he did. Nothing can replace his’ daughters’ innocence, her’ childhood, her’ lost dreams, her’ shattered memories. I see no reason for suspending any part of the sentence and his’ age or medical condition should not be a factor; after all his’ victims age wasn’t a factor when he was committing incest and rape. She was 7 years old. He knew it was wrong then, he knows it now & yet he continued for 10 years. That destroyed her’ teenage years. She would’ve hit puberty which is difficult enough for a young girl to go through and yet he was at her all the time. She was in fear and she felt dirty. He ruined her’ life. She said herself she effectively mutilated herself by trying to change her’ appearance through plastic surgery. There will always be huge psychological and emotional scars there. Carney suspended all but 3 years of the sentence also mentioning his’ guilty plea. A guilty plea is mitigating in that it serves two purposes; the victim doesn’t have to give evidence. But it’s self-serving for the defendant as it nearly always guarantees them a reduced sentence. This is a hard one to call to be fair. If I was the victim I would be thankful for not having to give evidence. It is a pyrrhic victory for the victim in this regard if a sentence is mitigated as a result. Are there ways around this issue with regard to sentencing? Carney also notes his’ expression of remorse? So bloody what? Big deal. It’s the easiest thing in the world to apologise; again the issue is self-serving on the defendants’ part. The other mitigating factors such as length of time since offence (society was different back then, the victim may not have believed she would be taken seriously, that’s why there’s a lot of historical cases occur; counselling can help victims to have the strength to make a complaint and follow it through and have the courage of their’ convictions to believe they will get justice) and history of employment (I fail to see the relevance of this, what’s the phrase again? Street angel, kitchen devil) are again self-serving to the defendant.

    Fiona Doyle will close her’ eyes at night and sleep and yet the nightmares will still come no matter how much counselling she receives. Most abuse victims require some closure, some finality, some justice. Today this has not been achieved or received. The worry is now, with the rapists age & medical condition, unless the appeal is expedited, will it ever be?

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  • As I understand it, the Central Criminal Court imposed a 12 year custodial sentence with the last 9 years suspended. What is unusual about this case is that bail was granted pending an appeal by the convicted rapist against the severity of sentence to the Court of Criminal Appeal. It is normally the appellate court which grants bail, not the court of trial. Under the doctrine of precedent, the lower court is obliged to follow the decision of the higher court. As I understand it, the Central Criminal Court was merely applying a previous decision of the Court of Criminal Appeal to the effect that it is not appropriate to imprison elderly and seriously ill convicts. Undoubtedly, the Director of Public Prosecutions will appeal against the leniency of sentence and the Court of Criminal Appeal will be forced to reconsider its previous judgment, which may have been the intention of the trial judge in granting bail. If neither the convicted rapist nor the DPP prosecute an appeal, then the convict WILL go to jail for 3 years. Upon his release, he will be sent back to jail for 9 years if he is subsequently convicted of any other criminal offence.

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    • Daithi 22/01/13 #

      Barry, thank you. Everyone, this is what we call ‘context’ and ‘rationality’. Now, maybe you’d all like to review your knee-jerk ramblings and actually begin to understand the culture of sentencing and system of judiciary in this country.

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    • CABK 22/01/13 #

      “If neither the convicted rapist nor the DPP prosecute an appeal then the convict WILL go to jail for 3 years”

      That’s simply not good enough. He admitted the crime. He should be jailed until death. Three years is incredibly lenient for destroying someones life.

      “Upon his release, he will be sent back to jail for 9 years if he is subsequently convicted of any other criminal offence”

      Oh well that’s fine then. I’m perfectly happy with the outcome now. I mean its only going to be another childs innocence if he rapes again.

      Daithi – this is not what I would call context or rationality. I call this letting a very evil man away with a very lenient sentence which is beyond unfair on his victim who’s life has been ruined.

      You could do with understanding the context of this situation a little better yourself.

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  • It’s a disgrace, dole cheats gets the maximum sentence (I’m not condoning what they do btw and believe their wrong and should be penalised) fruit importers who relabelled garlic as onions got the maximum sentence even after repaying the revenue and fines and giving employment to several people, people have got longer jail terms for assaults considered minor in relation to what this girl endured, this girl was given a terrible life sentence by her father and he should get the same

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  • Remember the case of Austrian Joseph Fritzl? Imagine he had gotten away with such a sentence. It just tells society that this is perfectly acceptable to rape women since you only have to face a couple of months in prison(worst case scenario).

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  • Deckav 21/01/13 #

    Christine. For Gods sake STOP deleting my comments.

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  • What a contradiction JUSTICE_CARNEY

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  • What a contradiction, JUSTICE-CARNEY

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  • Daithi 21/01/13 #

    I would argue that not one person here knows or begins to understand the intricacies of the case or the idiosyncracies of the law or legislation relating to sentencing. I am in no way insinuating that this man isn’t a monster for what he has done, but the level of rush-to-comment ignorance displayed on these comment threads is staggering sometimes. You have people who can’t manage to spell basic words or structure a sentence correctly, who profess to understand the basis and reasoning behind what is clearly an incredibly sensitive and involved case. When you progress from the point of being illiterate Philistines, then maybe you’ll be in a position to pass intelligent comment. I won’t hold my breath.

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    • So Daithi!! Is it a fair judgement? Do you have any opinion?? The suspension of 9 years and appeal granted for the rest based on the man’s health….You’ve got to be kidding…. While some of the comments are excessive…your fence sitting is equally disturbing…any moral person (regardless of spelling ability) can see that this man deserves gaol time – a sentence that fits the crime…

      Justice Carney is a disgrace!

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    • Daithi 21/01/13 #

      I’m not fence sitting, no. I agree that his crime is one of an animal and he should be treated accordingly. My concern is more with the level of self-righteousness that explodes all over these comment threads. People who can’t form any argument or opinion other than that of a baying mob turn the issue or debate, with their unthinking and irrational comments, into nothing more than a farce. It’s white noise and it only serves to cloud the issue and limit.space for intelligent debate that could potentially be listened to and in turn effect change.

      And yes, I was bullied in Primary school.

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    • There’s a lot of truth in what you say, Daithi. There are issues with the DPP’s handling of the case, something the Judge referenced himself – I don’t see that mentioned anywhere. Part of the problem is the nature of these Journal articles, they contain very little substance, really they’re just a couple of paragraphs with multiple hyperlinks to other articles on the site, designed to keep traffic clicking through the site.

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    • @Daithi – the quality of debate in The Dail seems to set the standard for that on the Journal. Your comment is equally apt for what goes on there.

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    • @Elaine – I think Daithi’s point is that while it certainly appears unequivocal that this sentence was wrong, however all we see here is people repeating that same point over and over again forming their view largely from a few scant facts. There is little review of Carney’s past judgments that may indicate a pattern of sensationally low sentencing. It is not possible that there may be some flaw in the Judge that needs to be reviewed? As a human could he be vulnerable to a mental illness, seeking out sensation above justice? Looking for attention?

      This blog makes an interesting argument in its closing paragraphs http://unitedirelander.blogspot.ie/2007/03/justice-carney-must-be-removed.html?m=1 Perhaps the Journal could follow up and let us know what has happened since 2007 in Carney judgments.

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