5 year jail sentence for harrassing a guard

Politics matters

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That doesnt make sense you can bate the living jaysus out of a Guard in this country (or anyone else for that matter)and get told to lay off the drink and give a few pound to the poor box.
You may know more than some but I heard otherwise. If someone assaults a Guard it's considered an attack on the state meaning you should be in deep $hit for committing such an offence.
 


devoutcapitalist

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I'd suspect this sentence will be reduced on appeal, your man should have pleaded guilty at the start of the trial and shown some crocodile tears, he would have received a lesser sentence.
 

cyberianpan

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McCartan is a known nut...but...a significant sentence was indicated given the nature of past convictions, and this
He said it was very difficult to listen to the accused continually refer to him in court as “corrupt Sergeant Conor Gilmartin” and he felt like he was the one on trial.
A 5 years with 3 suspended would have been better

cyp
 

corporal punishment

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We need a whole new Judiciary, some of the stuff going in courtrooms would make a dog laugh if it wasn't so serious.
 
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Should have got more.

Without any evidence the Stalking and Harassment continued for a number of years and the eejit still thinks he has a right to do it.

If the Garda was instead female, 5 ft nothing and he had done this is then more unacceptable ?

A person has a right to do their job without abuse.

If as he claims he has lots of evidence then produce it, thinking someone is Wrong is not evidence.

A psychiatric assessment should have been ordered as guy really seems away with the fairies.
 

Calvin J. Hamilton

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cunnyfunt

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A 55 year old man has been sentenced to 5 years in jail for harassment of a guard between March 2009 and May 2011. He was convicted earlier this month of posting 58 messages on the websites Rate-Your-Solicitor and Victims of the Legal Profession, alleging, among other things, that the Sergeant had withheld evidence in a previous case involving the accused and had also made up to 12 harassing phone calls to the Sergeant.

No doubt the harassment was upsetting, yet the 5 years jail term, something you don't even see for violent offences like assault and rape, is off the wall completely. The judge issues the harsh sentence to "send out a message to any other that thinks of spreading information that is grossly defamatory". What say p.ie?

Man sentenced to five years in jail for harassing a garda on the internet
Man who made posts online found guilty of harassing Garda sergeant

If it were me, he'd know harassment in 5 yrs time let me tell you..
 

Roberto Jordan

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Still a bit harsh considering Mother-of-three sent girl, 11, Christmas card calling her 'a bitch' | Irish Examiner

Sentences should be consistent and upset Gardai are less important than upset children
You see that is HIGHLY debatable. Hence we had murder of gardai as a capital crime , on the statute books, for so long.

Crime against gardai based on their role or position are, correctly, viewed as crimes against the uniform i.e. the state, over & above the individual occupying said uniform. The failure of commenters to grasp this highlights the ongoing failure of many irish people to grasp what the state is and when ( and importantly when NOT) it demands respect from those who would paint themselves as citizens of a republic.

When you strike a guard on duty or berate her for being a corrupt pig you may well be attacking an ignorant lad from donegal or a big bummed girl from longford but you are also engaged in an attack in lawful authority of the state and therefore should be punished accordingly for and on behalf of your law abiding fellow citizens.

hence it is perfectly reasonable that here and in every other civilized state an attack on a police officer or public office holder based or caused by their position in life be punished more harshly than one on a member of genreal public ( or , ofr example, an entirely random attack on an off duty guard committed in demonstrable ignorance of their day job)
 

RodShaft

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And yet ironically AGS have always claimed that they had limited scope for investigating cyber-harrassment and that Irish law provided very weak protection for victims. So they chose not to recommend prosecution because the legal position was insufficently clear,

LOL.
Section 10 of the Non Fatal Offences against the Person act carries a maximum sentence of seven years for harassing (seriously interfering with another's peace and privacy or causing alarm, distress or harm) by persistently communicating.

It is not anti cyber bullying legislation. But it has been press ganged into service for that purpose.


And FWIW the guy seems like a loon, and I have no sympathy for him.
 

SideysGhost

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If the guy is unhinged I don't see what 5 years in a hellhole like the Joy would do for his mental stability. But then the Irish justice and mental health systems are steeped deep in Victorian "hang 'em and flog 'em" attitudes of punishment, retribution and keeping the peasantry and other "not dacent" types in their place...while curiously turning a blind eye to rampant perversion and criminality among our "betters".
 

amsterdemmetje

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You may know more than some but I heard otherwise. If someone assaults a Guard it's considered an attack on the state meaning you should be in deep $hit for committing such an offence.
Google Garda assaults and see some of the sentences given down for assault on cops. Im one of the biggest critics of GS here on this site but i believe if you assault an on member of a Police force you should at least receive a custodial sentence of some sort. TBF the sentences given out for most assaults in this country are a bloody disgrace regardless of whose on the receiving end.
 

RodShaft

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Still a bit harsh considering Mother-of-three sent girl, 11, Christmas card calling her 'a bitch' | Irish Examiner

Sentences should be consistent and upset Gardai are less important than upset children

Do you consider these cases remotely similar?

In one case a woman wrote 'bitch' on a greeting card, and apologised in court.


In another a man engaged in a two year campaign of harassment including suggesting that the Gardaí was a paedophile in circumstances where his comments would be widely available.

If you can't see the difference, I can't help you.
 

sgtharper

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This is typical of the liberal nonsense afflicting Ireland today.

You can beat up a Guard but heaven forbid you hurt his feeling via social media.
Is it actually legal to "beat up a Guard" in Ireland then? Or do the Irish Legal system and courts sensibly discriminate between the level of the assault when charging and sentencing someone for assault, whoever the victim may be? For example, here in the UK the offence of "Assault on a Constable" seems to cover a level of assault consistent with Common Assault and Battery, the two lowest levels. if you do more than that however then you'd charged with ABH or GBH (or even murder) and not Assault Police.

I haven't read all the links to this matter but I'm guessing the level of harassment suffered by this officer amounted to rather more than him having his cap knocked off by some lout, or being pushed and shoved in the course of emptying a pub.
 

Old Mr Grouser

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So what's new?

The Wind in the Willows, Kenneth Grahame 1908, (chapter 6)

The Clerk scratched his nose with his pen.

'Some people would consider,' he observed, 'that stealing the motor-car was the worst offence; and so it is. But cheeking the police undoubtedly carries the severest penalty; and so it ought.

Supposing you were to say twelve months for the theft, which is mild; and three years for the furious driving, which is lenient; and fifteen years for the cheek, which was pretty bad sort of cheek, judging by what we've heard from the witness-box, even if you only believe one-tenth part of what you heard, and I never believe more myself— those figures, if added together correctly, tot up to nineteen years——'

'First-rate!' said the Chairman.

'—So you had better make it a round twenty years and be on the safe side,' concluded the Clerk.
 

Cahal

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More madness in the judiciary, Its fast starting to not be funny any more the only consistency in the judiciary is that is absolutely no consistency at all. You rape a women or abuse a child you might get five years probably with one or two suspended, you kill someone and say you were drunk or high and apologize you're charged with manslaughter and given 5-7 years. Yet this guy actually got 5 years for defamation but i suppose it was a cop he defamed so he probably got two years on his sentence just because of that alone.
 

sadmal

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More madness in the judiciary, Its fast starting to not be funny any more the only consistency in the judiciary is that is absolutely no consistency at all. You rape a women or abuse a child you might get five years probably with one or two suspended, you kill someone and say you were drunk or high and apologize you're charged with manslaughter and given 5-7 years. Yet this guy actually got 5 years for defamation but i suppose it was a cop he defamed so he probably got two years on his sentence just because of that alone.
Judges in this country are idiots, not surprising really when you consider that all are appointed by politicians for being loyal paty members or related to former party activists.

Here's another example of another idiot.

Luas customer 'randomly attacked by thugs who pushed him onto tracks and kicked him says he's afraid while walking in public,' court hears - Independent.ie

PS The scumbag concerned got two years with six months suspended and his lawyer dictated a letter of apology to him.
 

loner

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The politicisation of the legal system by allowing the Govt. to appoint judges MUST be ended----wonder would this subject be put to a citizens assembly
 


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