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Man gets 10 months for threatening to send personal pics

  • 14-05-2024 10:21pm
    #1
    Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    Firstly, I don't condone what this man did. It was nasty and conniving and must have brought great stress to the victim.

    However, 10 months in prison for essentially saying something he shouldn't have is absolutely preposterous. I know people who threatened to kill someone who got off with verbal warning from Gardai. But no, this is a "hate" crime and despite the fact that he was drunk when he sent the message, showed deep remorse and apologised and plead guilty despite them losing the evidence against him - the clown of a judge sentences him to 10 months regardless.

    Some judgements set down by judges over the years have been mind boggling. Those were for actions. But now they are sending a strong message out that they will take jurisdiction over our words now too. Shocking stuff.

    https://www.rte.ie/news/courts/2024/0514/1449117-intimate-images-threat/



«1345

Comments

  • Moderators, Sports Moderators Posts: 27,465 Mod ✭✭✭✭Podge_irl


    I know people who threatened to kill someone who got off with verbal warning from Gardai

    If they genuinely thought he was threatening to kill someone then they should all be fired for that.

    It is coercive blackmail. It seems on the the heavy side, but it's a despicable thing to threaten to do. Portraying prosecution over threats and blackmail as prosecution over "words" is ridiculous.



  • Registered Users, Registered Users 2 Posts: 1,985 ✭✭✭Marty Bird


    Martin Nolan enough said.

    🌞6.02kWp⚡️3.01kWp South/East⚡️3.01kWp West



  • Registered Users, Registered Users 2 Posts: 3,064 ✭✭✭gipi


    There were lots of public service adverts on tv from the gardaí last year to advise that even threatening to share images is now a crime.

    Can't do the time, don't do the crime.....



  • Registered Users Posts: 418 ✭✭chosen1


    Absolutely no problem with this sentence and shows a strong message that this kind of sh1t should not be in anyway tolerated.

    Biggest surprise here is Judge Nolan actually handing out a custodial sentence for a sexual offence.



  • Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    So you agree that a person's words should be sufficient for getting them imprisoned for 10 months?

    Just wait until you fall on your own sword with this



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  • Registered Users, Registered Users 2 Posts: 8,882 ✭✭✭Quantum Erasure


    This case is from before that ad campaign,

    20 months with 10 suspended seems fairly harsh, for what was probably nothing more than a drunken outburst. I'm not sure a custodial sentence is appropriate at all tbh,



  • Moderators, Sports Moderators Posts: 27,465 Mod ✭✭✭✭Podge_irl


    Didn't even clock it was him. Wonder what drove him in this one versus letting full blown rapists off the hook.



  • Registered Users, Registered Users 2 Posts: 2,164 ✭✭✭Musicrules


    This is a great decision from the judge. This kind of thing is not on. It's disgusting behaviour. Strict sentences might make other men think twice before doing similar.



  • Registered Users, Registered Users 2 Posts: 8,468 ✭✭✭BrianD3


    Threatening to post intimate images on social media - 10 month sentence. Nolan.

    Punching and repeatedly kicking a woman, dragging her out of a car by her hair, standing on her neck for a minute and threatening to kill her - 0 month sentence. Also Nolan.

    https://www.irishtimes.com/ireland/2022/10/12/man-who-punched-kicked-ex-partner-in-savage-attack-gets-suspended-sentence/



  • Registered Users, Registered Users 2 Posts: 17,623 ✭✭✭✭Leg End Reject


    The man, who cannot be named to protect the anonymity of the victim, told gardaí he was annoyed and was drinking when he sent a voice message to the woman threatening to put the images on Facebook and send them to her mother and her social worker.

    That's horrendous, he deserved the sentence. I know Martin Nolan is notoriously lenient but he was right here.

    It might make others think before they threaten, blackmail or harass others.



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  • Registered Users, Registered Users 2 Posts: 8,882 ✭✭✭Quantum Erasure


    he was pleading guilty despite the fact that the voice message which had been played to him by gardaí after his arrest had since been lost and could not have been used against him if the matter had gone to trial.

    He needed better advice



  • Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    Just goes to show, honesty is not the best policy.

    He was right? This was one flash-point message and it gets him 10 months in prison! There have and are currently people putting up with sustained physical abuse and harrassment for years with perpetrators getting off scott-free and even cases where the Gardai wont' do anything about it.

    But this case, "Oh a flippant remark by 45 year old white straight man, my least favorite bracket of society, send him off, serves him right!!"



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 39,838 CMod ✭✭✭✭ancapailldorcha


    F*ck him. He knew what he was doing and now he gets the consequences. He has only himself to blame.

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    Careful now, in 10 years there could be a law that could see you serve a sentence for messages like this.



  • Registered Users, Registered Users 2 Posts: 6,175 ✭✭✭Augme


    There's a conspiracy theories forum for stuff like this btw.



  • Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    There were people ridiculed in conspiracy threads 10 years ago who warned that people would be imprisoned for words only.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 39,838 CMod ✭✭✭✭ancapailldorcha


    The lengths some people will go to to defend utter scumbags…

    The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God.

    Leviticus 19:34



  • Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    The lengths people will go to control what others say, I can assure is a far more sinister prospect. But can understand why you would want to deflect from this.



  • Moderators, Education Moderators, Sports Moderators Posts: 10,832 Mod ✭✭✭✭artanevilla


    Sorry but blackmail has been a crime since time immemorial. Is blackmail just words in your opinion and not a crime?



  • Registered Users, Registered Users 2 Posts: 2,380 ✭✭✭Markus Antonius


    blackmail noun

    the action, treated as a criminal offence, of demanding payment or another benefit from someone in return for not revealing compromising or damaging information about them.

    The man was not demanding anything, he sent idiotic drunken messages, that does not warrant almost an entire year in prison.



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  • Registered Users, Registered Users 2 Posts: 8,882 ✭✭✭Quantum Erasure


    The man has 10 previous convictions, including public order, road traffic and criminal damage offences.

    The man has a good work history, counsel said, but his alcohol and drug addiction issues “got the better of him”, adding the man was homeless for a number of years.

    Ms Small outlined her client's personal circumstances, including a history of mental health issues and psychiatric in-patient treatment.

    Cant help but feel if it was yer man in the ad he'd be walking away with a fine or a donation to the poor box



  • Registered Users, Registered Users 2 Posts: 8,882 ✭✭✭Quantum Erasure




  • Registered Users, Registered Users 2 Posts: 14,342 ✭✭✭✭Goldengirl


    "Your honour , I said all this before the ads came on the telly reminding me it was wrong .

    Thing is, your honour, I wouldn't have seen those ads anyhow as I don't watch RTE .

    And I never would've been threatening if I had thought I might actually get prison time " .



  • Registered Users, Registered Users 2 Posts: 21,043 ✭✭✭✭Stark


    He'd have to threaten revenge porn on a partner first before falling on his own sword. Pretty easy thing for any decent human being to avoid.

    You seem very wound up about this particular case. Anything you'd like to admit to?



  • Registered Users, Registered Users 2 Posts: 15,660 ✭✭✭✭elperello


    The relevant act under which this prosecution was brought is The Harassment, Harmful Communications and Related Offences Act, otherwise known as Coco's Act.

    The sentence was at the lower end of the range laid out in legislation which allows for up to 7 years imprisonment and an unlimited fine.

    https://www.gov.ie/en/policy-information/35bec-intimate-image-abuse/



  • Registered Users, Registered Users 2 Posts: 87,862 ✭✭✭✭JP Liz V1


    He had left school after primary and had lost both parents in tragic circumstances. He had suffered mental health issues requiring admissions to various psychiatric units, she said. He is currently homeless but had since engaged with his probation officer and was hoping to take up a course.

    He had a number of unrelated previous convictions from the District Court, the court heard.

    Judge Martin Nolan said the plea of guilty in circumstances where evidence had been lost was very valuable. He had also shown remorse.

    I am surprised it is this judge but imho a fair sentence, revenge porn, even threats is taken seriously the last few years

    I do not know why anymore would send nude selfies or let themselves be filmed nude by anyone, just my take as it can always hang over your head, be out there forever



  • Registered Users, Registered Users 2 Posts: 2,007 ✭✭✭almostover


    In this case it appears to me that justice was metered ourtappropriately. We now have 'revenge porn' laws for this type of crime and they are warranted.

    I do take the point though that the sentencing from our judiciary is deeply inconsistent. This sort of threat to release intimate photos can be disturbing for the victim and custodial sentencing serves a purpose to deter would be assailants. However, as one poster showed here, getting a suspended sentence for a prolonged violent attack is just not congruent with any form of justice. Given that the same judge handed out both of these sentences is ludicrously inconsistent.

    Take the recent case of the Limerick hurler who beat someone to a pulp. Suspended sentence. Another farce.

    Revenge porn is a nasty, vindictive crime and deserves the threat of a custodial sentence. But so too does violent assault. This is much like refereeing decisions in sport, all we ask for is consistency in the application of the laws.



  • Registered Users, Registered Users 2 Posts: 16,703 ✭✭✭✭osarusan


    See you in 10 months OP.



  • Registered Users, Registered Users 2 Posts: 3,582 ✭✭✭Ezeoul


    The man was not demanding anything, he sent idiotic drunken messages, that does not warrant almost an entire year in prison.

    He got what he deserved.

    You clearly haven't considered the impact his "idiotic drunken messages" must have had upon the person he made the threats to.

    Or you have, and just don't GAF?



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  • Subscribers Posts: 41,915 ✭✭✭✭sydthebeat


    The OP obviously has no idea of the damage that can be done to a person if personal private images are shared to the public. People have died because of this.

    Threats as "Only saying words" had been a crime for a long long time. Threatening serious harm unto a person can land you up to 10 years in prison. What this man did is akin to threatening harm.

    The threat to share these kinds of images absolutely deserves a sentence such as this in order to provide a real deterrent for this despicable act.

    But I don't think the OP gets this, and I expect them to retort with some kind of victim blaming.



  • Registered Users, Registered Users 2 Posts: 12,640 ✭✭✭✭Calahonda52


    The new advert all over social media should highlight this sentence.

    The perps need to consider the impact this sort of sh$t can have on their targets, as noted above, victims of this sort of sh$t have committed suicide.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 21,087 ✭✭✭✭2smiggy


    this could come under the new hate speech law, that they haven't told what defines hate speech yet, but they will know it when they see it ….



  • Registered Users, Registered Users 2 Posts: 9,819 ✭✭✭lertsnim


    The same judge that hands out suspended sentences to people in possession of child porn. He really must have had a dislike for this guy.



  • Registered Users, Registered Users 2 Posts: 33,357 ✭✭✭✭gmisk


    No issue with the sentence, horrible thing to do to someone.

    But Judge Nolans sentencing is all over the shop.



  • Registered Users, Registered Users 2 Posts: 3,730 ✭✭✭eightieschewbaccy


    And I think any of those people should also be prosecuted. Threatening to leak a person's private sensitive photos is psychological abuse. You can try to downplay but it's not acceptable.

    And I think most people here agree that Nolan often gets it very wrong but in this case, it was the correct result. Doesn't mean we approve of his other sentences.



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  • Registered Users, Registered Users 2 Posts: 21,087 ✭✭✭✭2smiggy


    it said he had drink/drug issues, and homeless for periods. No doubt if he had been from a 'better home' there would have been a different sentence (or more than likely a donation to the poor box and no more)



  • Registered Users, Registered Users 2 Posts: 1,626 ✭✭✭JayRoc


    Blackmail, extortion, slander, libel..

    There have always been legal and civil penalties for saying, writing, or threatening certain things.

    I believe in freedom of speech actually, but that is not the same thing as freedom to slander, freedom to threaten, freedom to extort, freedom to blackmail...

    Post edited by JayRoc on


  • Registered Users, Registered Users 2 Posts: 3,582 ✭✭✭Ezeoul


    It doesn't have anything to do with hate speech and there is already legislation in place for this type of behaviour - the Harassment, Harmful Communications and Related Offences Act, 2020.





  • Nobody has defended a scumbag. As far as I can see, everyone has thoroughly condemned his actions.

    If the sentence were 10-years, would you still say that we're "defending a scumbag"?

    No, of course not.

    It's about assessing the nuance of what is a proportionate sentence for the crime committed.



  • Registered Users, Registered Users 2 Posts: 3,730 ✭✭✭eightieschewbaccy


    In fairness, the OP appears to believe it shouldn't even be a crime…

    Post edited by Boards.ie: Mike on


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  • Registered Users, Registered Users 2 Posts: 21,087 ✭✭✭✭2smiggy


    not this case. Last year they announced they were bringing in a new hate crime bill, but when questioned they would not define what a 'hate crime' is. I find that very concerning. Hence I said they will tell you a hate crime when they see it.



  • Registered Users, Registered Users 2 Posts: 3,582 ✭✭✭Ezeoul


    For anyone who missed the campaign that was splashed all over the TV:

    What this man did is already a crime.



  • Registered Users, Registered Users 2 Posts: 3,582 ✭✭✭Ezeoul


    Stop deflecting. This case has nothing to do with any proposed hate speech legislation.

    Unless you think this guy was charged, convicted and sentenced on legislation that isn't in place yet. 🙄



  • Registered Users, Registered Users 2 Posts: 6,844 ✭✭✭knucklehead6


    Not standing up for Markus (who is well capable of standing up for himself) but i don't think he suggested that it shouldn't be a crime.

    i think he is suggesting that the chap who has state sponsored bed and board wasn't being serious when he had an attack of the drunken stupids.

    I only hope that if Markus was a victim of a lad who decided to punch him to the ground, or drove his car into him after a case of the drunken stupids would be quote as forgiving…. Just to be consistent like…



  • Registered Users, Registered Users 2 Posts: 3,730 ✭✭✭eightieschewbaccy


    @knucklehead6 based on this post, I don't think he thinks it should be a crime at all..



  • Registered Users, Registered Users 2 Posts: 9,034 ✭✭✭Ficheall


    "Remorse" as in the drunken message was later followed with "Sorry, I was incredibly drunk and emotional the other evening when I left that message - obviously I would never do something as horrible as that. I've deleted all of the content you sent me."? Or did he just leave your w'an to fret over his threat for months?



  • Registered Users, Registered Users 2 Posts: 21,087 ✭✭✭✭2smiggy


    deflecting ? you are showing an ad from a campaign that came out after what he did.



  • Registered Users, Registered Users 2 Posts: 6,844 ✭✭✭knucklehead6


    Maybe i'm the eternal optimist, looking for the good in people. I genuinely think the OP's issue is with the fact that the criminal was drunk and so (in The OP's mind) the words shouldn't matter cos the chap was drunk.

    I do NOT agree with him, far too many cowards hide behind the "Ah sure 'twas just the drink talking" etc, and i hate that sh!te.



  • Registered Users, Registered Users 2 Posts: 6,357 ✭✭✭Shoog


    It was just as probable that in his drunken state he actually shared those images. Been drunk is never a defense in law and actually makes you far more likely to commit a crime. Apologies after the fact are useless.

    This man with those photos was a ticking time bomb and without intervention those photos would eventually be published.

    Punish him and send a clear message to young and old lads that you are next if you do the same.



  • Registered Users, Registered Users 2 Posts: 16,934 ✭✭✭✭astrofool


    Show those conspiracy threads markus.

    Also show the slippery slope from blackmail to freedom of speech being threatened and attempt to defend blackmail.



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