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Can somebody clarify this sentence to me?

  • 21-10-2020 9:26pm
    #1
    camz09
    Registered Users, Registered Users 2 Posts: 400 ✭✭


    I found myself reading an article about a crime that happened near my area a couple years ago. The crime occured in 2012, and the trial was in 2017. Can someone clarify this sentence to me?

    "He sentenced ****** to eight years in prison with one year suspended and backdated it to when he went into custody on 28 August 2012."

    Does that mean he was released already? Or the 7/8 years in prison starts from 2017, to be released in 2024? Sorry I'm a bit thick like


Comments

  • #2
    Potential-Monke
    Registered Users, Registered Users 2 Posts: 14,338 ✭✭✭✭Potential-Monke


    So yeah, 8 years from the date he was first in prison, minus 1. So if he was in prison on 28/08/12, his release (not including early) would have been 27/08/19.


  • #3
    TP_CM
    Registered Users Posts: 443 ✭✭TP_CM


    Can someone be in custody for 5 years without a trial?


  • #4
    [Deleted User]
    Posts: 693 ✭✭✭ [Deleted User]


    camz09 wrote: »
    I found myself reading an article about a crime that happened near my area a couple years ago. The crime occurred in 2012, and the trial was in 2017. Can someone clarify this sentence to me?

    "He sentenced ****** to eight years in prison with one year suspended and backdated it to when he went into custody on 28 August 2012."

    Does that mean he was released already? Or the 7/8 years in prison starts from 2017, to be released in 2024? Sorry I'm a bit thick like

    My understanding of this is that he has been already released.


  • #5
    salamiii
    Banned (with Prison Access) Posts: 146 ✭✭salamiii


    jail sentace

    https://www.irishexaminer.com/news/arid-20345089.html


  • #6
    Nexytus
    Closed Accounts Posts: 154 ✭✭Nexytus


    TP_CM wrote: »
    Can someone be in custody for 5 years without a trial?

    There is no statutory limit. But the general principle Justice delayed is
    Justice denied     applies.

    We don't know if the delays were caused by the prosecution or the defense. Or neither being some other reason.

    If the prosecution caused undue delay he could look for the case to be thrown out.


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  • #7
    camz09
    Registered Users, Registered Users 2 Posts: 400 ✭✭camz09


    Wow, thanks for the clarification lads. Fkin hell, barely 8 years for stabbing someone repeatedly at the their doorstep :/


  • #8
    Gregor Samsa
    Registered Users, Registered Users 2 Posts: 9,119 ✭✭✭Gregor Samsa


    TP_CM wrote: »
    Can someone be in custody for 5 years without a trial?

    Interestingly, in December last year the Minister for Justice was unable to provide the Dáil with details of the length of time prisoners were spending on remand, as the Irish Prison Service claimed it would be too difficult to calculate.

    https://www.oireachtas.ie/en/debates/question/2019-12-17/253/#pq-answers-251_252_253


  • #9
    dxhound2005
    Registered Users, Registered Users 2 Posts: 21,511 ✭✭✭✭dxhound2005


    TP_CM wrote: »
    Can someone be in custody for 5 years without a trial?

    He was convicted of murder and got life for that. He appealed that, the conviction was overturned and he got a retrial. The story in the OP is about the outcome of the retrial, which was a conviction for manslaughter.


  • #10
    Godeatsboogers
    Registered Users Posts: 125 ✭✭Godeatsboogers


    Remission is a third, so 8 years minus 32 months, 5 years 6 months is what he'd have to do. If he went in 2012, hes definitely out.


  • #11
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Godeatsboogers wrote: »
    Remission is a third, so 8 years minus 32 months, 5 years 6 months is what he'd have to do. If he went in 2012, hes definitely out.

    Can he cash in those time already spent in prison credits when he gets convicted of his next crime? :D


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