Double Rapist gets 12 year sentence, Judge decides to suspend 3 years why?

flavirostris

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It's hard to see why the judge would have suspended the final 3 years as Garg had not done anything to mitigate his offence i.e by pleading guilty straight away.

What he did was absolutely vile.

I believe he had a swastika etched on him by other prisoners when he was in Cloverhill.
 


ScreeOrTalus

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This man is a potential murderer.
 

realistic1

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An Indian computer expert was convicted of the rape of two Women, Kapil Garg, 34, originally from India but living in Whitefriar Place in Dublin 8, was also sentenced to 12 years in jail. The Judge Mr Justice Barry White told him that "he could have spared his victims a further ordeal if he had not waited until the eve of sentencing to accept responsibility for his crimes".

Mr Justice White also said "he could not ignore Garg's bad character and his previous attack on a woman in the US for which he spent time in the Los Angeles County Jail" The judge said that incident would most likely have been a sex attack if Garg had not been interrupted.

Now the question id like to ask is why after considering all the facts why was Mr Garg given 3 years suspended off his sentence? The Judge pointed out that he pleaded Not Guilty and failed to accept responsibility for his crimes, while putting the victims through further torment. He also made reference to his previous conviction in the US. Why was he shown mercy and given 3 years suspended off his sentence? He showed no mercy towards his victims?

The judiciary have a shocking tolerance for sex crimes in this country, Mr Garg will serve maybe 5 years then be released. Will he be deported when he is released? Its time the safety of the community and serving justice were paramount in this country and a mandatory term of 30 years for rapists was introduced.

Double rapist Garg gets 12-year jail sentence - RTÉ News
Well I suppose the Judge wants to make sure that the legal profession gets a few more Euro in years to come, courtesy of the legal aid system. The sex criminals are good at the old re-offending.
 

johnny365

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From the RTÉ News article linked in the OP:

"Garg met two intoxicated women outside a Dublin nightclub at 3am on 2 July 2011."

"He lured them back to his rented room at Whitefriar Place by promising them ecstasy, but instead he drugged them and raped them."

My emphasis.
So your point is that if a Woman is intoxicated she deserves to be raped?
 

Sense 0f Wonder

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I'm always stunned when I hear about this rape cases. The hell these poor women go through after the rape. The questioning, the medical exams, the waiting for results from disease or pregnancy, and then the torture of giving evidence. And the guilty party is given such paltry sentences. It's appalling.

A long time ago, a friend of mine asked me to go with her to our Garda station to report a rape. She was terrified but I talked her into reporting the awful assault. In we walked to the station and I explained that my friend wanted to press charges against the rapist. The desk sergeant looked my friend up and down and then said "well, he's got good taste, I'll give him that". We just walked out. I could not persuede her to go see a bean garda which I had arranged after that fiasco, and who could blame her.

I know the Guards are a lot better trained these days, well, I hope they are, but I swear, sometimes I think some judges seem reluctant if not loathe to give the criminal the sentence he deserves.
Jesus what a thick and what a thing to say. Unbelievable. Saw a woman being groped by two men in ranelagh one time many years ago. When I called over the two guys legged it off and the lady sort of crumpled onto the ground. This was about 11:00 P.M. mind on a weekend night, so there were many people around, none of whom were saying anything or intervening (so much for the friendly Irish). Anyway, I called the guards while a lady who stopped chatted to the woman. The Guards come down and as soon as they see who the victim is, they say "Ah she's a nut. She'll be walking around down here tomorrow night topless probably." They weren't even going to take a statement from the victim until I pressed them.

tenuous and not applicable to all cases but i wonder whether sex itself is a cause of embarrassment (Catholic stuff), so they don't really want to deal with it.. and in their haste to move onto other matters, Guards make mistakes?
 

Rocky

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They often give a suspended sentence for the last period of a criminal sentence. I imagine it's to encourage the person not to commit a crime directly after they are released from prison (when I guess they're most likely to do so, difficulties in re-intergrating into the outside world etc.) or else the suspended sentence will be re-activiated and added on to whatever their new sentence is.
 

johnny365

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Well I suppose the Judge wants to make sure that the legal profession gets a few more Euro in years to come, courtesy of the legal aid system. The sex criminals are good at the old re-offending.
The justice system only serves one purpose in this country and that is to enrich the legal profession, its certainly does not serve the victims of Rape and crime in general.
 

Sense 0f Wonder

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I thought some time off at the end of your sentence was standard here? (Perhaps not in all cases, but in most?)
 

johnny365

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They often give a suspended sentence for the last period of a criminal sentence. I imagine it's to encourage the person not to commit a crime directly after they are released from prison (when I guess they're most likely to do so, difficulties in re-intergrating into the outside world etc.) or else the suspended sentence will be re-activiated and added on to whatever their new sentence is.
Indeed but this man is an Indian national, should he not be deported upon his release?
 

Rocky

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Indeed but this man is an Indian national, should he not be deported upon his release?
The article doesn't mention if he's an Irish citizen on not, which he could be if he's lived here for 5 years or more.
 

johnny365

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The article doesn't mention if he's an Irish citizen on not, which he could be if he's lived here for 5 years or more.
Maybe so and if he is given his previous in the US it really shows our immigration system to be a joke.
 

McTell

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No
The real question is who let him into the country when he had previous for attacking girls in the USA? Police checks? Who and when. Visa section - who signed him off? Who monitors decisions (or doesn't)? These are the people who need a wake-up call (or firing) as well as the judge.
 

Rocky

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Maybe so and if he is given his previous in the US it really shows our immigration system to be a joke.
Ok, I didn't notice that. Without knowing more I don't really know and you could well be right.
 

johnny365

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Ok, I didn't notice that. Without knowing more I don't really know and you could well be right.
Well the question is how did he get in to the state in the first place the Judge said this when sentencing, taking from the link in the OP.

Speaking at the Central Criminal Court, Mr Justice White said "he could not ignore Garg's bad character and his previous attack on a woman in the US for which he spent time in the Los Angeles County Jail".
 

Howya

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Perhaps-I'm uncertain about this-the stipulation that a decreased sentence must follow a guilty plea has no room for discretion and must be followed despite the circumstances. A last-minute and obviously self-serving guilty plea may carry the same weight as an early guilty plea and genuine remorse...unfortunately.
And yet eslewhere, the "garlic" man gets six years with no reduction in the sentence for admitting guilt and assisting with the prosecution's case - go figure!
 

johnny365

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And yet eslewhere, the "garlic" man gets six years with no reduction in the sentence for admitting guilt and assisting with the prosecution's case - go figure!
Further evidence of the shocking tolerance of sexual crimes by the judiciary.
 


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