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Frivolous appeals and what can be done about them


Sync

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Joined
Aug 27, 2009
Messages
28,776
So we have the case of 2 spanners who raced a Porsche and BMW at 140 kmph on public roads on Christmas Day. The judge gives them 2 months jail each.

The 2 boyos are now appealing on the basis that the sentence is too severe. No point of law question, no doubts around guilt.

So if they lose this case, should the state really pay for appeals if the only grounds of appeal is the severity of sentence? It seems ridiculous. "The law is right, the decisions right, I just don't like the sentence".

Independent.ie Mobile News | top-stories - Independent.ie

The two men appeared before Judge Aeneas McCarthy at a special sitting of Limerick district court last week.

The court heard that motorists on the N21 had to take evasive action when the accused raced each other between Newcastle West and Rathkeale, Co Limerick shortly after 3pm on December 25.
 


statsman

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Joined
Feb 25, 2011
Messages
56,218
So we have the case of 2 spanners who raced a Porsche and BMW at 140 kmph on public roads on Christmas Day. The judge gives them 2 months jail each.

The 2 boyos are now appealing on the basis that the sentence is too severe. No point of law question, no doubts around guilt.

So if they lose this case, should the state really pay for appeals if the only grounds of appeal is the severity of sentence? It seems ridiculous. "The law is right, the decisions right, I just don't like the sentence".

Independent.ie Mobile News | top-stories - Independent.ie
Automatic doubling of the sentence if the appeal is lost would sort it out sharpish.
 

bob3367

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Jan 11, 2007
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Automatic doubling of the sentence if the appeal is lost would sort it out sharpish.
Snap, Jesus you are quick this morning.
 

Con Gallagher

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May 25, 2010
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2,413
There is a right to a right de novo hearing on appeal. It's quite simple. No point of law is required. Severity only appeals are quite common. The appeal judge can increase the sentence.

Zoo?
 

statsman

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Feb 25, 2011
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56,218
From the newspaper article:


Jail for a first offence? Isn't that a tad harsh?
Stealing two cars, reckless driving endangering lives, probably no licences, no insurance, quite likely under the influence; seems mild enough a sentence to me.
 

FakeViking

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Jul 26, 2006
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9,005
Stealing two cars, reckless driving endangering lives, probably no licences, no insurance, quite likely under the influence; seems mild enough a sentence to me.
Where does it say they were stolen? I was under the impression that these guys are UK based, and drove their own cars? Could be wrong!
 

Victor Meldrew

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Jun 8, 2007
Messages
7,172
How did they procure the vehicles? I always associated badly ill treated horses with that crowd!
Out of post taxation income. Earned through application of talent and hard work.

Saw headline. Assumed travellers. Felt guilty and wacist. Clicked on link. Vindicated.
 

statsman

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Feb 25, 2011
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Where does it say they were stolen? I was under the impression that these guys are UK based, and drove their own cars? Could be wrong!
So could I, but I live in Limerick and that's what I heard locally.
 

cricket

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Joined
Nov 7, 2009
Messages
13,959
No mention in report of stolen vehicles.
Could just as easily be facing charges of multiple deaths with that behaviour.
Would love to see judge treble sentence for first appeal, watch the second then being dropped pronto.
 

Round tower

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Joined
Feb 9, 2011
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6,976
They got a 5 year driving ban, will this ban them from driving in the Uk, if it does just double the driving ban to 10 years, 2 month jail, will account to probally less than a month.
 
D

Deleted member 17573

So we have the case of 2 spanners who raced a Porsche and BMW at 140 kmph on public roads on Christmas Day. The judge gives them 2 months jail each.

The 2 boyos are now appealing on the basis that the sentence is too severe. No point of law question, no doubts around guilt.

So if they lose this case, should the state really pay for appeals if the only grounds of appeal is the severity of sentence? It seems ridiculous. "The law is right, the decisions right, I just don't like the sentence".

Independent.ie Mobile News | top-stories - Independent.ie
Bad case - but better than bad law. Severity of sentence is not a frivolous ground for appeal, certain judges have a tendency to hand down sentences of above average severity.
 

potholedogger

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Joined
Oct 17, 2012
Messages
1,238
So we have the case of 2 spanners who raced a Porsche and BMW at 140 kmph on public roads on Christmas Day. The judge gives them 2 months jail each.

The 2 boyos are now appealing on the basis that the sentence is too severe. No point of law question, no doubts around guilt.

So if they lose this case, should the state really pay for appeals if the only grounds of appeal is the severity of sentence? It seems ridiculous. "The law is right, the decisions right, I just don't like the sentence".

Independent.ie Mobile News | top-stories - Independent.ie
140kmph does not seem like an extraordinary speed!
 

RobertW

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Joined
Feb 11, 2011
Messages
20,483
140kmph does not seem like an extraordinary speed!
It says "more than 140kph" on the N21 where I believe maximum speed is 100kph.

This shows a disregard for other road users and consequently the sentence is more than justifiable.
 

Don Herron

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Joined
Nov 17, 2010
Messages
834
Anti Traveller sentiment on here again I see. No moderation, just hate speech going completely unchecked.
 

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