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Suspended sentence for sexual assault of girl (12)

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  • 05-06-2010 11:53am
    #1
    Klingon Hamlet
    Registered Users Posts: 2,732 ✭✭✭


    Article here
    A grandfather was given a 12-month suspended sentence yesterday for sexually assaulting a vulnerable 12-year-old girl following a drinking binge.


    Christopher Donegan (51) of Alpine Heights, Clondalkin, Dublin, was sentenced to 12 months' imprisonment -- suspended for two years -- and ordered to post a personal bond of €200 at Blanchardstown District Court after pleading guilty to sexually assaulting the young girl on July 29, 2008.


    The victim -- who is in long-term State care -- wrote in a victim impact statement that the assault left her scared and "angry all the time".


    She also said she didn't want to to testify in court because she was "too afraid to see him".


    The court heard that Mr Donegan was suffering from stress and had a long-standing drinking problem that was exacerbated when he was made redundant from his job as building site foreman shortly before the incident.


    He had been on a 12-day drinking spree prior to the incident and was drinking at a local pub when the assault occurred.


    The court heard that Mr Donegan had won some money and was celebrating his win when he met a group of young girls hanging around outside the pub.


    He began chatting with them and bought drink for the girls, who drank it in a nearby field.


    He then walked the victim -- who had absconded from her residential care facility -- to a derelict lot near a bus stop, where he undid his trousers and ordered her to touch his penis.


    The victim also said that he left a bruise on her neck from a "hickey" he gave her while kissing and sucking her neck.


    Mr Donegan said the assault "just happened" and he was unable to say why he did it or remember the incident clearly.


    The separated father of two adult children, who has a four-year-old grandson, sat with his head down when District Court Judge Patrick McMahon delivered the sentence.


    His barrister, Simon Fleming, said his client had never committed any sexual offences previously and noted that a psychiatrist's report found him to be at low risk of re-offending. He also said his client had been sober since last October.


    But Judge McMahon said: "As far as I'm concerned, once is too much for this type of offence."


    Referring to the "defilement of a child who is in care", he called the assault a "predatory type of crime to a vulnerable child".

    Why was it suspended? Because he was "at low risk of re-offending"? I think this is awful.


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    #2
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    Klingon Hamlet wrote: »
    Why was it suspended? Because he was "at low risk of re-offending"? I think this is awful.

    ..because our legal system is weak. Far too many excuses;alcohol, lost my job boo hoo hoo.:( Things like this should carry automatic mandatory sentences regardless of how many excuses a legal team can spin.


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    #3
    Cookie_Monster
    Registered Users Posts: 24,477 ✭✭✭✭Cookie_Monster


    51 and a grandfather to a 12 year old, classy


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    #4
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    Cookie_Monster wrote: »
    51 and a grandfather to a 12 4 year old, classy

    FYP. The assaulted girl wasn't his grandchild.


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    #5
    Klingon Hamlet
    Registered Users Posts: 2,732 ✭✭✭Klingon Hamlet


    prinz wrote: »
    ..because our legal system is weak. Far too many excuses;alcohol, lost my job boo hoo hoo.:( Things like this should carry automatic mandatory sentences regardless of how many excuses a legal team can spin.

    What is the meaning behind suspended sentences? Does it mean if the criminal recommits the same crime, then the full sentence is enforced? Does it basically mean, "we'll only get you if you target another victim"?


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    #6
    Cookie_Monster
    Registered Users Posts: 24,477 ✭✭✭✭Cookie_Monster


    prinz wrote: »
    FYP. The assaulted girl wasn't his grandchild.

    awww, read fail :o

    edit: was he charged for buying under age people drink too? Somehow I doubt it...


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    #7
    Cookie_Monster
    Registered Users Posts: 24,477 ✭✭✭✭Cookie_Monster


    Klingon Hamlet wrote: »
    What is the meaning behind suspended sentences? Does it mean if the criminal recommits the same crime, then the full sentence is enforced? Does it basically mean, "we'll only get you if you target another victim"?

    if they commit any crime isin't it, not just the same one?


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    #8
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    Klingon Hamlet wrote: »
    What is the meaning behind suspended sentences? Does it mean if the criminal recommits the same crime, then the full sentence is enforced? Does it basically mean, "we'll only get you if you target another victim"?

    Could be for coming to attention of the gardaí for anything.

    http://www.citizensinformation.ie/categories/justice/criminal-law/criminal-trial/types-of-sentences
    A suspended sentence involves the judge imposing a prison sentence but suspending it on certain conditions. This means that you do not go to prison if you do not break the conditions. A suspended sentence contains 3 elements:

    -The term of imprisonment (for example, 4 years)

    -The conditions on which it is suspended (for example, to keep the peace and be of good behaviour or to undergo certain treatment)

    -The period for which the sentence is suspended


    If you break a condition during the period for which the sentence is suspended, you will have to serve the term of imprisonment originally imposed.


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    #9
    Mrmoe
    Registered Users Posts: 2,212 ✭✭✭Mrmoe


    These types of rulings give criminals a carte blanche to do whatever they want. There is no deterrent in this type of sentencing. Judges seem to have forgotten that. There is a consistent trend where criminals get very lenient sentences for the crime committed.


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    #10
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    People get sent for statutory rape when they're two years older than their 'victim' but they don't get sent to jail for this? Fed up of the stupid legal system here


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    #11
    Buford T Justice
    Registered Users Posts: 6,250 ✭✭✭Buford T Justice


    Such Genius
    Judge Says "As far as I'm concerned, once is too much for this type of offence."

    So what does he do? Impose a suspended sentence.

    Dickhead!


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    #12
    DazMarz
    Closed Accounts Posts: 8,493 ✭✭✭DazMarz


    Nonces and scum like this should be locked up for life. No question. The mental scars left by incidents like this on the victim can never be imagined. There should be no mercy shown to any paedophiles. It's the one thing I'd nearly bring back the death penalty for.


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    #13
    itsallaboutheL
    Closed Accounts Posts: 11,333 ✭✭✭✭itsallaboutheL


    The irish court system is a fucking joke.


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    #14
    PeterIanStaker
    Closed Accounts Posts: 4,072 ✭✭✭PeterIanStaker


    This sick **** needs to be locked up with the hard chaws who will hold him down and do to him what he did to that girl.


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    #15
    ejmaztec
    Registered Users Posts: 23,994 ✭✭✭✭ejmaztec


    I don't think too much drink turns people into paedos, all most people get is a hangover. The judge is a knob.


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    #16
    The_Minister
    Registered Users Posts: 10,255 ✭✭✭✭The_Minister


    Mrmoe wrote: »
    These types of rulings give criminals a carte blanche to do whatever they want. There is no deterrent in this type of sentencing. Judges seem to have forgotten that. There is a consistent trend where criminals get very lenient sentences for the crime committed.

    The deterrent is that if they break ANY law again, they can be sent to jail for a long time.

    It keeps harmless people who aren't a danger out of our overcrowded-in-breach-of-international-laws jails.
    EDIT: By harmless, I mean he most likely will not be a danger into the future.


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    #17
    My name is URL
    Registered Users Posts: 25,067 ✭✭✭✭My name is URL


    Possible life imprisonment for anyone selling Mephedrone and suspended sentences for kiddy fiddlers.. yeah makes sense.

    How would we as a country go about trying to improve our legal system? A general election is unlikely to make any difference.


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    #18
    Indubitable
    Registered Users Posts: 1,300 ✭✭✭Indubitable


    The_Minister wrote: »
    The deterrent is that if they break ANY law again, they can be sent to jail for a long time.

    Even speeding or parking on double yellow lines? :eek:


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    #19
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    The_Minister wrote: »
    By harmless, I mean he most likely will not be a danger into the future.

    While this should be a major facter in determining sentencing In this particular instance it is being pushed a bit


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    #20
    Herb Powell
    Registered Users Posts: 3,097 ✭✭✭Herb Powell


    PeterIanStaker wrote: »
    This sick **** needs to be locked up with the hard chaws who will hold him down and do to him what he did to that girl.
    what, buy him drink and kiss him?
    not making fun of the girl


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    #21
    jimmycrackcorm
    Registered Users Posts: 14,331 ✭✭✭✭jimmycrackcorm


    My name is URL wrote: »
    Possible life imprisonment for anyone selling Mephedrone and suspended sentences for kiddy fiddlers.. yeah makes sense.

    Come back and re-post when someone gets life imprisonment for selling meph because it'll be a long time. A possible life sentence is valid if a contaminated batch of mephedrone was sold to a number of people which resulted in fatal consequences for example.

    It would appear that the mob mentality would prefer to dispense justice via kangaroo courts and do away with any defence.


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    #22
    Cypher_sounds
    Registered Users Posts: 8,111 ✭✭✭Cypher_sounds


    Sick to think a SICKO can get off scott free and not serve jail time, he should have his mickey chopped off for that and raped in jail.


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    #23
    My name is URL
    Registered Users Posts: 25,067 ✭✭✭✭My name is URL


    jimmycrackcorm wrote: »
    Come back and re-post when someone gets life imprisonment for selling meph because it'll be a long time. A possible life sentence is valid if a contaminated batch of mephedrone was sold to a number of people which resulted in fatal consequences for example.

    It would appear that the mob mentality would prefer to dispense justice via kangaroo courts and do away with any defence.

    I only used that as an example of the imbalance in laws. How many people are currently behind bars serving compulsory sentences for relatively* minor offenses?

    *Relative to sexually assaulting a child, that is


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    #24
    Sir Gallagher
    Registered Users Posts: 6,836 ✭✭✭Sir Gallagher


    Herb Powell wrote: »
    what, buy him drink and kiss him?
    not making fun of the girl

    Don't forget the mickey touching.


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    #25
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    The reason this guy got off so lightly is because it was a lower class of sexual assault - there was no penetration. It's that simple :pac:


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    #26
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    are people here still so stupid that they cannot see something suspicious about the judges attitude to sex crime.. whereas if its drugs the judge wont be long in handing down a stiff sentence, look at the freaks who turned up at a recent court case near the kerry limerick border to support a rapist even the priest was with them .. these same freaks wouldnt be long calling the guards if they got a wiff of hash..


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    #27
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    charlemont wrote: »
    are people here still so stupid that they cannot see something suspicious about the judges attitude to sex crime.. whereas if its drugs the judge wont be long in handing down a stiff sentence, look at the freaks who turned up at a recent court case near the kerry limerick border to support a rapist even the priest was with them .. these same freaks wouldnt be long calling the guards if they got a wiff of hash..

    Perhaps they showed up because they thought he was innocent? You're assuming that these people are supportive of sexual assaults, which IMO is a little naive. Unless they actually stated that they were pro-rape.

    EDIT: Also, a judge won't impose a massive sentence on someone unless there is solid evidence against them, and that goes for all crimes. Unfortunately, it is rare that a victim of sexual assault will come forward immediately, and crimes that happened a long time ago are quite hard to prove as they can't get a rape kit done etc. - A while back I was shadowing a solicitor in Tralee for a while, was in the court for a couple of hearings about such a case, some people had come forward years after the alleged assaults, making it much harder to gather solid evidence against the defendant. They were lucky in that he confessed. If he hadn't they wouldn't have had much of a chance.

    I absolutely detest all this bandwagoning with regards to sex crimes (and crime in general) against people who have not yet been proven guilty of anything. Paedophiles are indeed sick people, but until they have been found guilty, you need to STFU, because there is always a chance that they're innocent. :rolleyes:


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    #28
    Ulysses Gaze
    Closed Accounts Posts: 7,570 ✭✭✭Ulysses Gaze


    I've said it before, I'll say it again.

    If you allow judicial discretion in these cases then this is what you get.


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    #29
    Cookie_Monster
    Registered Users Posts: 24,477 ✭✭✭✭Cookie_Monster


    My name is URL wrote: »
    How would we as a country go about trying to improve our legal system? A general election is unlikely to make any difference.

    the laws in general are fine, the punishments are the problem.

    Several steps are required:

    1) manditory minimum sentences that will actually act as a deterrant

    2) Reform of the prison system

    3) More prisons, but less of the luxuries currently in place. ie there is no need for any form of TV (other than the CCTV kind)

    4) Prisoners having to perform some form of work/ community service for at least 35 hrs a week, just to show them that prison is indeed hard work

    5) Heavier sentences for repeat offences

    6) do away with concurrent sentences

    that might about do it...


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    #30
    WalterMitty
    Registered Users Posts: 1,582 ✭✭✭WalterMitty


    Just for clarity, he didnt rape her and although underage that doesnt automatically make him a paedo as girl may have been post pubescent. Not defending him in any way though but mild compared to a lot of sex crimes against underage people.


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    #31
    orourkeda
    Closed Accounts Posts: 17,918 ✭✭✭✭orourkeda


    My name is URL wrote: »
    Possible life imprisonment for anyone selling Mephedrone and suspended sentences for kiddy fiddlers.. yeah makes sense.

    How would we as a country go about trying to improve our legal system? A general election is unlikely to make any difference.

    Why would we need a general election to reform the law?

    Surely having an effective legal system should transcend pollitics or is this naive


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