Harsher sentences in prison if you speak English?

ruserious

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Today a Brazilian man was sentenced to 8 years for manslaughter in Waterford:
Brazilian man sentenced to eight years for killing man who assaulted and racially abused him
Brazilian man sentenced to eight years for killing man who assaulted and racially abused him

But because Da Silva is "a Brazilian with no English, he will face a harder time in prison" the judge decided 8 years would be a "proportionate" term.

This is madness if you ask me. It follows that Irish people will be discriminated against when it comes to sentencing as we can speak the official language(s) of the State.

If you kill somebody in a foreign country, it shouldn't be a surprise that you will be going to a foreign jail. And anyway, he's going to be serving 8 years in prison as it stands, surely he'll have gotten over "the hard" part of not speaking English by the end of those 8 years.

Baffling.
 


The Field Marshal

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But that's not the reason for the 8 years.
The reason is that the Brazilian was subjected to an assault by the deceased .

That's the mitigating factor .
 

Socratus O' Pericles

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Today a Brazilian man was sentenced to 8 years for manslaughter in Waterford:
Brazilian man sentenced to eight years for killing man who assaulted and racially abused him
Brazilian man sentenced to eight years for killing man who assaulted and racially abused him

But because Da Silva is "a Brazilian with no English, he will face a harder time in prison" the judge decided 8 years would be a "proportionate" term.

This is madness if you ask me. It follows that Irish people will be discriminated against when it comes to sentencing as we can speak the official language(s) of the State.

If you kill somebody in a foreign country, it shouldn't be a surprise that you will be going to a foreign jail. And anyway, he's going to be serving 8 years in prison as it stands, surely he'll have gotten over "the hard" part of not speaking English by the end of those 8 years.

Baffling.
That's not what the judge meant. What he meant was this man's time in prison will be more challenging and difficult to bear due to his lack of proficiency in the vernacular.
 

Sync

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It's no different to curtailing a sentence because the convicted person is in a wheelchair or is a parent. I disagree with sentencing being reduced due to the impact on the culprit's life, but we do it for lots of criteria other than language. This isn't madness at all.
 

ruserious

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That's not what the judge meant. What he meant was this man's time in prison will be more challenging and difficult to bear due to his lack of proficiency in the vernacular.
So if he spoke English fluently, he would not have got a mitigating factor in his favour and thus would probably have received a longer sentence.
 

Dame_Enda

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I agree that being attacked is a mitigating factor in sentencing. At the same time I am weary of several judges arguing that nationality is a mitigating factor. They chose to come to our country.
 

Spirit Of Newgrange

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he was carrying a knife and used this knife to kill. How is this not murder ? it is premeditated. And only a manslaughter charge ?

maybe manslaughter if you stab the other fella in the leg and he accidentally bled to death. But stabbing somebody in the heart is surely fairly clearcut on what your intention was ?
 

Hitchcock

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Taking into account that Da Silva was twice assaulted by the deceased and Hogan, and that as a Brazilian with no English he will have a harder time in prison, he said eight years would be a “proportionate” term.
Can the mods alter the thread title to make it more accurate of the judges comments and not the agenda of the OP author.
 

Hitchcock

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he was carrying a knife and used this knife to kill. How is this not murder ? it is premeditated. And only a manslaughter charge ?

maybe manslaughter if you stab the other fella in the leg and he accidentally bled to death. But stabbing somebody in the heart is surely fairly clearcut on what your intention was ?
He was having the sh!t kicked out of him by two people twice in the space of short period of time.
 

Spirit Of Newgrange

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is this Brazilian part of the highly skilled , highly trained workforce that open doors immigration will promise us ?

surprised he was not working at one of the IT giants. After a short time in prison he will learn fluent Northside...and it does be knowley ta talk with da moth.

there is no excuse for carrying a knife. Either report the assaults to the cops or maybe carry something less lethal.
 
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ruserious

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Can the mods alter the thread title to make it more accurate of the judges comments and not the agenda of the OP author.
The judge seemingly took two mitigating factors into account. I'm focusing on one of those. What's the problem. I've shared the link in the OP so anybody can see the full comments of the judge. There was no attempt at hiding what the judge said.
 

Betson

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Not sure about softer sentences for those who don't speak English.

But I think the 8 years is a very harsh sentence if the facts as reported are true.

He was badly beaten up twice for no reason by the deceased and another lad , there is only so much a lad can take before he blows his top.
 

ThatsReasonable

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Well I suppose he'll come out speaking decent English....

But I'd agree it is not the greatest mitigating factor.

The mitigation is that the victim had abused and assaulted him - judge said they were 'very serious assaults'.

To be honest I think the Brazilian did ok for himself - he should have gone to the cops and the other fella might still be alive.
 

blinding

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Surely he will have plenty of time to learn English and a bit of Gaelic while he is at it .
 

Hitchcock

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The judge seemingly took two mitigating factors into account. I'm focusing on one of those. What's the problem. I've shared the link in the OP so anybody can see the full comments of the judge. There was no attempt at hiding what the judge said.
Why choose only one of the factors and arguably the lesser of the two?
 
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What was the assault? As far I understand it was racial abuse, no actual record of assault, just the claim by the Brazillian of assault. Thus it seems to be a case of he said she said.

Because of a lack of evidence of any assault, I think the judge has made the wrong call and the trial should have been for murder and attempted murder with maximum sentences for each case to run concurrently.
 


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