5 years for unprovoked assault causing death

suicide_circus

https://m.independent.ie/irish-news/we-are-extremely-disappointed-family-of-seamus-bell-criticise-killers-sentence-37740816.html

a man out celebrating the christening of his twin baby girls was followed and punched in the head, all totally unprovoked, causing him to hit his head and later die.

"The judge in this case sentenced the defendant to five years and gave credit for the time he had already spent in custody; this means he will, more than likely, spend less than two and a half years behind bars for causing the death of Seamie," the family said in a statement.

In passing sentence on Tuesday Judge Aylmer had noted that this was an unprovoked attack in which the accused had followed Mr Bell on the street for at least five metres before striking him with a right-hand uppercut.

It had been accepted by the defendant that Mr Bell had his hands in his pockets at the time, so the inevitable consequences were that he fell to the ground without the protection of his arms.

Cant get my head around it at all. This sentence is nothing short of a slap in the face to the family. No justice here. Hope this is appealed.

seamus

Different jurisdiction to be fair, not that the sentencing would be any better in Ireland.

There should really be a special class of manslaughter which is not "he died by accident" but rather, "I wanted to really hurt him, but he died instead", carry 10-15 years minimum.

frash

seamus wrote: »

Different jurisdiction to be fair, not that the sentencing would be any better in Ireland.

There should really be a special class of manslaughter which is not "he died by accident" but rather, "I wanted to really hurt him, but he died instead", carry 10-15 years minimum.

It's Monaghan

Moonjet

seamus wrote: »

Different jurisdiction to be fair, not that the sentencing would be any better in Ireland.

Monaghan is in the Republic ?

Deebles McBeebles

I've always thought Monaghan was on its own planet too.

DEFTLEFTHAND

seamus wrote: »

Different jurisdiction to be fair, not that the sentencing would be any better in Ireland.

There should really be a special class of manslaughter which is not "he died by accident" but rather, "I wanted to really hurt him, but he died instead", carry 10-15 years minimum.

That is manslaughter. The intent to harm is there just not to kill. No means rea.

Involuntary manslaughter is causing an accidental death.

jmayo

seamus wrote: »

Different jurisdiction to be fair, not that the sentencing would be any better in Ireland.
...

Jaysus.

And you try so hard to come across so intellectually superior most of the time.
I am mortified for ya Shamie.

enricoh

The scumbag that killed him is a convicted rapist already.
And the judge takes into account his sorrow when he was sentencing him!
He was probably sorry after getting caught for the rape too.
Total insult to the family.

Lollipops23

I could get onboard with it being "accidental" if they were engaged in mutual fisticuffs, but to walk up to somebody with their hands in their pockets and punch them out of nowhere?? Just, why?!!

He should have gotten min 10 years.

mikekerry

sickening.
what a country we are living in

punisher5112

I'm so pissedd off with our laws protecting the ones that harm and steal etc.

cruizer101

What the **** is wrong with judges here.

From irish times "It had been confirmed during the hearing that Racys had 13 previous convictions in other jurisdictions, including two for rape and one for sexual assault that were recorded at a court in Lithuania in 2006."
And thats only what he has been convicted on, who knows how much else there is.

He's obviously pure scum who shouldn't see the outside of a prison cell for a very long time if ever.

El_Bee

Worst part of this is I'm not even a little shocked or surprised, we need a serious debate in this country about our judiciary.

wakka12

Also cant say Im even a little bit surprised by this sentencing in ireland. Why do they insist on letting violent individuals live among us?

con___manx1

I remember reading a story years ago about a guy whos brother was left in a vegetative state after being assaulted.this guys brother went to the hospital shortly after the incident and when he seen the state of his brother. he found out who the attacker was called to his house and bet the guy to death, he was sentenced to manslaughter. the guy he killed probably only would have gotten 5 years aswell. other people will start taking the law into there own hands with these light sentences.

major bill

5 years.....there is no deterrent in that....while this ****er is freed the family will still be grieving. Only a matter of time til people start taking the law into their own hands.

Judge Aylmer said he had to take mitigating factors into account, which included Racys’ admissions, guilty plea, cooperation, expressions of remorse and the apology he had given in court.

The judge said he was reducing the sentence to one of five years on that basis, as well as giving Racys credit for the time he had already spent in custody.


The above boils my piss!!

FitzElla

It is upsetting to think what the family must be feeling after hearing the sentence. This was a husband and father killed in an unprovoked attack while out celebrating the christening of his twin daughters. His attacker will probably be out walking the streets in 2.5 years with time served and 25% remission. His daughters will never get to see their dad again.

How can any Judge think it is appropriate to let a 2 times convicted rapist and now a convicted killer back into the community in 2.5 years and call it justice? I really hope the DPP appeal this because it is very hard to have any faith in the system when you read about cases like this...

AllForIt

In passing sentence on Tuesday Judge Aylmer had noted that this was an unprovoked attack in which the accused had followed Mr Bell on the street for at least five metres before striking him with a right-hand uppercut.

I'm sorry but he's not much better than a serial killer and he should be put away for a long time.

He followed and hit him 'for the craic', in other words for the pleasure he got out flexing his muscles. Is this not the actions of someone who deserves a long time in prison?

It would appear that the state takes a bizarrely lenient view on 'toxic masculinity' a phrase you would never ordinarily hear me use in the way it's currently used in popular discourse - but the one time it's actually apt to use it you don't hear anyone use it all, or punish it appropriately more seriously.

The fact that it was just the one punch is irrelevant. He followed after him intent on causing him harm - and he achieved that goal. The idea that he wouldn't have the mental capacity to understand that he could possibly do him very serious harm , more likely only give him a bruise and make him feel sore is ridiculous. It only takes as much mental capacity to understand that as it does to go out of your way to plan on picking on someone on the street to attack them. He can't be that thick.

Unfortunately though this appalling decision and comments by the judge only go to send out a signal to brut scumbags that ya know throwing someone a punch isn't in itself that bad of a thing to do and thus it will happen again.

Obvious Desperate Breakfasts

Way too short a sentence. Because it was completely unprovoked, surely the convicted person is likely to reoffend? Do we want someone who just attacks people randomly to be back on the streets so soon?

GinAndBitter

He never should have been in this country. Toerag

punisher5112

Obvious Desperate Breakfasts wrote: »

Way too short a sentence. Because it was completely unprovoked, surely the convicted person is likely to reoffend? Do we want someone who just attacks people randomly to be back on the streets so soon?

It seems that this is exactly the way it is.

I've changed my tune with others that are aggressive or looking for a fight which happens in my job, I don't take any sh1te.

heretothere

Disgraceful. The sentence should be for murder. The poor wife now left a widow with three young children.

Wheres Me Jumper?

jmayo wrote: »

Jaysus.

And you try so hard to come across so intellectually superior most of the time.
I am mortified for ya Shamie.

he tries desperately hard to be some kind of expert on The North and on Brexit.


My granny used to say "the higher a monkey goes up a tree, the more he shows his arse"

Vic_08

Another day in Ireland, another joke sentence for a multiple convict scumbag.

If you want justice in this country you better be prepared to do it yourself, otherwise expect to be victimised a second time by some sanctimonious prick in a stupid wig

Moonjet

Obvious Desperate Breakfasts wrote: »

Way too short a sentence. Because it was completely unprovoked, surely the convicted person is likely to reoffend? Do we want someone who just attacks people randomly to be back on the streets so soon?

The judiciary and legal system do. High chance of him re-offending means he'll be dragged through the courts again, and all the judges/lawyers involved get paid again. Everyone's a winner! Except the crime victim and their families, but who gives a fk about them eh?

Ulysses Gaze

So a rapist and a thug.

If it were any of my relatives this happened to, once that scumbag got out of prison he would, at the very least, be hospitalised in the ICU.

Wheres Me Jumper?

absolute disgrace.
it's time these one-punch killings carried a min of 10 years.

here is another totally unprovoked attack on an innocent guy. two of the assailants walked free, the 3rd got just 3 & a half years!

https://www.irishtimes.com/news/crime-and-law/courts/pair-who-assaulted-student-andrew-dolan-on-night-he-died-are-spared-jail-1.1792660

jmayo

major bill wrote: »

5 years.....there is no deterrent in that....while this ****er is freed the family will still be grieving. Only a matter of time til people start taking the law into their own hands.

Judge Aylmer said he had to take mitigating factors into account, which included Racys’ admissions, guilty plea, cooperation, expressions of remorse and the apology he had given in court.

The judge said he was reducing the sentence to one of five years on that basis, as well as giving Racys credit for the time he had already spent in custody.


The above boils my piss!!

So admitting to something when you are probably bang to rights is seen as a reason to give time off.

Cooperation my ar**.
He was basically caught and knew he was caught and just admitted to it.

It is one thing to admit to something like rape (something this guy seems adept at as well) so to spare the victim from having to take the stand in a trial, but admitting to this doesn't spare the victim nor his family anything.

Expressions of remorse does fook all for the family and especially the children that will never know their father now.
An apology in the court ???
WTF use is that to anyone.

Until a judge or a judges family are directly affected as victims will anything change.
Maybe society would benefit greatly if it was judges that were the ones getting the upper cuts to the back of the head.

And some people then wonder why Padraig Nally is seen as a hero.

dr.fuzzenstein

People always complain when this gets mentioned, but fcuk 'em, it's only right to mention it.
Garlic Man got six years.
That's just wrong. And I don't care about any "But! But! But!"

seamus

frash wrote: »

It's Monaghan

For some reason I always though Carrickmacross was in Antrim.

Edit: I was thinking of Crossmaglen (in Armagh!). Rural village geography is not a strong point.

James Bond Junior

A general election is in the mid to near future. Anybody who canvasses my house will be told I for one am sick of the soft touch criminals are getting in this country. A joke.

ChikiChiki

Horrible for the poor man and his family. A known scumbag who shouldnt be walking the streets taking his issues out on an innocent man who probably had one of the best days of his life.

Judge Aylmer wtf is wrong with you!? If there is a march against our legal system, I'll be there. It needs a good shaking up.

Wheres Me Jumper?

seems to me you can go out, take your anger/rage out on an innocent person, kill that person, and then turn up in court looking a bit down, say how sorry you are, and hey presto you'll be out walking the streets in about 24 months!

it's actually quite scary if you think about it.

fryup

^^^^^^^^^^^

and if he did it once, he'll do it again.......won't be last time he's up in court for assault

The Tetrarch

Lollipops23 wrote: »

I could get onboard with it being "accidental" if they were engaged in mutual fisticuffs, but to walk up to somebody with their hands in their pockets and punch them out of nowhere?? Just, why?!!

He should have gotten min 10 years.

I worked with someone who had the same done to him in a match. The ball was at the other end of the pitch and he was punched (and hospitalised) by a player coming from behind him.
I think judges should ignore expressions of remorse from defendants, character witnesses, leniency for first time offence (probably numerous offences but first time charged), and all the other excuses. Put them away for lengthy stretches. They won't be out to commit repeat offences.

El_Bee

Why can't we sue judges?

enricoh

James Bond Junior wrote: »

A general election is in the mid to near future. Anybody who canvasses my house will be told I for one am sick of the soft touch criminals are getting in this country. A joke.

Last night on the news there was a report that 3 eastern Europeans were arrested for hacking that polish guy to death. That was followed by the cops arrested 4 people for sending funds to isis. Which was followed by the scumbag this thread is about.
I think its time for some quality control at the airport!

Wheres Me Jumper?

enricoh wrote: »

Last night on the news there was a report that 3 eastern Europeans were arrested for hacking that polish guy to death. That was followed by the cops arrested 4 people for sending funds to isis. Which was followed by the scumbag this thread is about.
I think its time for some quality control at the airport!

IREXIT!
Oh no!
but to be fair we have allowed some real scumbags into the country. (it's not as if we dont have enough of our own to deal with). under EU freedom of movement i dont think we have any choice. i may be wrong...:(

Allinall

dr.fuzzenstein wrote: »

People always complain when this gets mentioned, but fcuk 'em, it's only right to mention it.
Garlic Man got six years.
That's just wrong. And I don't care about any "But! But! But!"

But.... he didn’t.

lawred2

Bit ridiculous to take into account that someone had their hands in their pocket

Gimme A Pound

He's "sorry"... for himself, for having to face consequences.

If he *actually* thought it was an action requiring remorse... he wouldn't have done it.

GinAndBitter

Wheres Me Jumper? wrote: »

IREXIT!
Oh no!
but to be fair we have allowed some real scumbags into the country. (it's not as if we dont have enough of our own to deal with). under EU freedom of movement i dont think we have any choice. i may be wrong...:(

I'm not an Irexit fan but I don't think rapists and murderers should have the same freedom of movement rights as normal people. Obviously that's tough to police with no borders in Europe.

Mrsmum

The DPP do appeal sentences sometimes, don't they. I think they MUST do it here.

El_Bee

lawred2 wrote: »

Bit ridiculous to take into account that someone had their hands in their pocket

Well the point being that the victim was absolutely no threat to the attacker.

Sardonicat

lawred2 wrote: »

Bit ridiculous to take into account that someone had their hands in their pocket

It is if their hands were in their pockets because they were just ambling along in great form and not able to shield their head when it collided with the ground from being punched for no reason by a violent gorilla whose hands were definitely not in his pockets.

lawred2

El_Bee wrote: »

Well the point being that the victim was absolutely no threat to the attacker.

That should have been an aggravating factor then..

Read to me as an explanation as to why the incident ended up being fatal.. i.e. he couldn't protect his head when falling..

That's a ridiculous concession to the attacker in my eyes

Dick phelan

Add another 0 to the sentence and you'd be about right, what's the point of allowing this filth back into society, He will never be of value to the world. just lock him up and throw away the key. Insulting to the man and his family his life is only worth 5 years sentencing an absolute disgrace in this country.

Wheres Me Jumper?

GinAndBitter wrote: »

I'm not an Irexit fan but I don't think rapists and murderers should have the same freedom of movement rights as normal people. Obviously that's tough to police with no borders in Europe.

under the Accession treaty 2003 (i think) Bertie did have the opportunity to allow restrictions on Eastern European labour, but like Blair he choose not to.


some people would argue the UK's decision in this regard may have feulled the desire for Brexit.

Odyssey 2005

seamus wrote: »

Different jurisdiction to be fair, not that the sentencing would be any better in Ireland.

There should really be a special class of manslaughter which is not "he died by accident" but rather, "I wanted to really hurt him, but he died instead", carry 10-15 years minimum.

What ? Last I looked Monaghan is in Ireland

tayto lover

This rubbish regarding “remorse” is really making me angry.
He was only remorseful because he was caught and in court.
He is a serial offender so where was his remorse all along for his other victims?

punisher5112

See this children's hospital costing near 2 billion now.....

This money could be used to protect children and ordinary hard working people by building a prison or 2 also.

The way I see it now is Gardai are out there to make revenue as I don't see them doing anything else and I mean in the likes of motoring.

Drug dealing seems to be perfectly fine in the city centre and fighting also.