The Crime Thread |
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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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Must be very ruff on the owner.
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DUBLIN DOC
Jack Charlton The F The F The FAI Joined: 30 Jun 2009 Location: Abbottstown Status: Offline Points: 9155 |
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The Huntacha
Roy Keane Joined: 27 Mar 2012 Location: Dubai Status: Offline Points: 12703 |
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Apparently the fella who was caught on camera racially abusing and physically assaulting a taxi man on Easter Sunday is handing himself in. Absolute scumbag.
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Jimmy Bullard - "Favorite band? Elastic."
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drog addict
Jack Charlton Castleknocker Joined: 21 Oct 2008 Location: Sunnyvale Status: Offline Points: 6821 |
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Bet it's the worst hangover he ever had. f**king clown.
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The Huntacha
Roy Keane Joined: 27 Mar 2012 Location: Dubai Status: Offline Points: 12703 |
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I'd never usually hope that someone loses a job over a drunken night out because it can happen quite easily and to anyone, but I make an exception in this case. Looking at the video, I was hoping the taxi man was going to start punching the head off him.
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Jimmy Bullard - "Favorite band? Elastic."
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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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Listening to the details of this case on Ana Kriegel in Lucan. Horrible.
Surprised to hear the 2 teenage suspects have pleaded 'Not Guilty' given the evidence appears stacked against them.
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corkery
Ray Houghton Joined: 28 Jul 2010 Location: Cork Status: Offline Points: 4932 |
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You can see them eventually pleading guilty.
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'The younger generation as in 17 -25 are certainly gayer than their predecessors. I think they may cause the extinction of the human race with their activities.'- Baldrick
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SuperDave84
Robbie Keane ooh Thomas, how could you do this to me! Joined: 26 Aug 2011 Location: Far Fungannon Status: Offline Points: 21384 |
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Children do not have to receive the mandatory life sentence for murder, incidentally.
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Shedite
Jack Charlton Joined: 09 Dec 2011 Status: Offline Points: 9795 |
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ChesterCopperpot
Liam Brady Joined: 28 Feb 2019 Status: Offline Points: 1167 |
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Wouldn't have made it to court if it was my daughter. Would happily serve 30 years to see them get what they deserve
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Lenny82
Liam Brady Joined: 20 Aug 2010 Location: Ireland Status: Offline Points: 2914 |
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Is the defence's ploy to negotiate a lesser charge of manslaughter or death by misadventure so, given their not guilty plea? What is the minimum sentence for each of these? Edited by Lenny82 - 01 May 2019 at 10:28pm |
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Bob Hoskins
Moderator Group Joined: 29 Jul 2007 Status: Offline Points: 20175 |
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I'd made an assumption that one of these was a sick little f**k, and the other lad was brought into it. But from reading the report it would suggest one did the killing but the other was just as complicit and they had 'unusual interests' which will come out. Which makes it highly unusual.
The age of them as well. f**king horrible what happened to her
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Romario 2016: And the ticket mafia gets caught! Well, four years ago I had already told the government.
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SuperDave84
Robbie Keane ooh Thomas, how could you do this to me! Joined: 26 Aug 2011 Location: Far Fungannon Status: Offline Points: 21384 |
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There is no minimum sentence for manslaughter. Theoretically, on conviction, someone being sentenced for manslaughter could get something like a fine, probation or a suspended sentence. However, save for the most (or maybe more accurately least) extreme manslaughter cases, non-custodial sentences are rare, in particular in the absence of a guilty plea. Where something like that may occur is in the context of, for example, a gross negligence manslaughter trial where a death occurs in a workplace setting, although more regularly they are taken as Safety, Health and Welfare at Work Act prosecutions. In a case where an employer is being sentenced, there may be little to be gained in sending a director of a company to jail, particularly if they are running a company and providing employment to a number of people which may suffer if they go to jail, where a heavy fine doesn't harm the employment of other people. It all depends on the case but there are circumstances where someone guilty of manslaughter will not go to jail. Minors, however, cannot be sentenced to imprisonment but can be sentenced to detention. The difference may seem academic but it is important, in that minors should not be serving sentences in the same place with adults. I do not know what happens if, for example, a 15 year old is sentenced to 10 years detention; I don't deal with minors often and I've never dealt with a case where a minor has received a detention sentence that takes them past their 18th birthday. There is case law that seems to allow a sentencing judge to have a review of the matter after a number of years although I don't know how that works with minors. Arguably, that may more properly be a matter for the parole board. However, and this may come as a surprise, the parole board in Ireland is not on any manner of statutory footing and is run on a non-statutory basis by the Department of Justice, so there is a lack of guiding legislation. In those circumstances, it seems to be allowable to have a review by the sentencing judge, or to leave the matter for the parole board. In terms of pleading to manslaughter, it is certainly something that might have been explored. It is possible that the defence have asked the prosecution if they would accept a plea of manslaughter, on a without prejudice basis, with that being rejected. That can happen in murder cases. Sometimes, it is possible that the prosecution would say they cannot answer without a definite offer being made; sometimes, they may informally say they would accept a manslaughter plea on the basis of certain accepted facts; sometimes, they may reject it out of hand. However, it is not possible to know what happened in this case. In any murder case, it is possible that an informal, without prejudice question could be asked by the defence to the prosecution, prior to the trial, without having received formal instructions to enter a plea of guilty to manslaughter, or any admission having been made by the accused person to his legal representatives. That way, the representatives for the accused person are not in breach of any ethical duty if they then fight the case fully. A defence lawyer can ask their client if they want the lawyer to ask if such a plea would be accepted by the prosecution, to enable them to make a decision if they want to plead to manslaughter, without the lawyer having to ask the client if they accept responsibility. A lawyer cannot mislead the court as to their instructions or put forward a case at odds with their instructions but that does not stop a lawyer asking the prosecution if a plea to manslaughter would, if offered, be accepted. If that is not accepted by the prosecution, the fact it was asked can, potentially and depending on the exact case, be offered as mitigation, although it is nowhere near as strong as an actual plea of guilty to manslaughter, which is a plea that ought to be entered at the start of the trial. As such an offer is informal, there is no record of it. I say this all by way of general comment, specifically without regard to the current case. Everyone commenting in a public way needs to be careful what they say, to avoid any risks of mistrial. There is no indication of any offer being made or not being made or anything like that happening or not happening in this case. In my quote, I removed the last sentence of your post, and suggest you edit and do likewise.
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irish_major
Ray Houghton Bookie Slayer Joined: 20 Jan 2009 Location: Ireland Status: Offline Points: 3919 |
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https://www.independent.ie/irish-news/courts/love-rival-verdict-patrick-quirke-found-guilty-of-murdering-mr-moonlight-dj-bobby-ryan-38049035.html
Think it's likely that he did it but beyond a reasonable doubt? Not for me, was surprised to see this one make it to court tbh, stunned by a guilty verdict!
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Here we go again
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SuperDave84
Robbie Keane ooh Thomas, how could you do this to me! Joined: 26 Aug 2011 Location: Far Fungannon Status: Offline Points: 21384 |
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This is from that Indo article: "Her testimony gripped the nation and the truth she spoke was
unmistakeable. She could not be shaken by the defence, no matter how
hard they tried." F**k me, editorialising much?!
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LO SCIENZIATO
Liam Brady Fucknut Of The Year Joined: 24 Aug 2018 Status: Offline Points: 1520 |
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i'd say gerk is behind that. he must of banged her at a stag in Thurles years ago
Edited by LO SCIENZIATO - 01 May 2019 at 4:12pm |
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pre Madonna
Robbie Keane I am MALDING Joined: 30 Nov 2014 Location: Trumpton Status: Offline Points: 44659 |
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The Huntacha
Roy Keane Joined: 27 Mar 2012 Location: Dubai Status: Offline Points: 12703 |
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It must be heartbreaking for her parents listening to how she was murdered, especially knowing the bullying she was subjected to leading up to her murder. It seems like she was a bullying target for a number of groups of teenagers. What the f*ck is wrong with those young lads.
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Jimmy Bullard - "Favorite band? Elastic."
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