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Guilty of manslaughter of Waterford fisherman

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  • Registered Users Posts: 1,113 ✭✭✭Sandor Clegane


    I'm personally a firm believer in the castle doctrine, a person breaking into your home is one of the grossest violations a person can suffer in my opinion, you could have your kids, someone elderly or vulnerable in the house and you should have the 100% right to act on that threat, including the use of lethal force, it's crazy to me that some people believe you should restrain your actions against an intruder, as if his/her life matters at that point, for me the moment they enter your property they forfeit all rights to life and it should be well within your rights to neutralize any threat you, your family or your property may face...and someone who enters your home illegally should always be considered a threat, the moment they set foot in your house they are a threat to your life.

    This is one of the things America gets right imo, places like Texas are the perfect example of how self defense laws should be.



  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    Have they hinted at a possible appeal.

    From memory he came across quite believable and credible when he took the stand in the first trial, weird he didn't take it for the second.

    Also the star witness for the prosecution seemed to be quite the career criminal who was quite fond of breaking into houses which came out during the first trial, was this suppressed in the second I wonder?



  • Registered Users Posts: 13,985 ✭✭✭✭Potential-Monke


    It's a strange one, and one I'd really like to read the transcripts of. What's in the media is only part of the story, seems like there's a lot more to it. But, having read the below, I can't believe he was found guilty but the lad @Boggles posted in post #27 got off with it!

    I can see an appeal.



  • Registered Users Posts: 1,985 ✭✭✭Lewis_Benson


    This.

    As soon as they enter, its fair game.

    Come into my house to cause harm, I'm going to harm you.



  • Registered Users Posts: 11,774 ✭✭✭✭BattleCorp


    That article is from the first trial. It's dated 11th Feb 2022 so nothing in it is relevant to evidence given in the most recent trial. By reading that article, you are reading the happenings of a different trial.

    Dean Kerrie didn't give any evidence in the retrial which I think was why he lost this case.



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  • Registered Users Posts: 13,985 ✭✭✭✭Potential-Monke


    That's why I'd like a transcript. Just seem strange overall.



  • Moderators, Sports Moderators Posts: 7,427 Mod ✭✭✭✭yerwanthere123




  • Registered Users Posts: 160 ✭✭ChickenDish


    Outrageous to be honest, guy breaks into a house and assaults a teenager, teenager defends his family and home and go's to prison. Judge maintained the kid used excessive force, how badly would the kid have to be beaten before he feared for his life. Another miscarriage of justice courtesy of the Irish legal system.



  • Registered Users Posts: 2,841 ✭✭✭TomTomTim


    Does this mean that we're back to where we were before the ruling in the McNally case? As it seems to be the case. The castle doctrine doesn't really seem to exist in Ireland if so, as this standard seems to be inline with the standard that exists outside of the "castle"

    I'm pretty extremist when it comes to this stuff, as I think you should be able to do literally anything you want to someone who breaks into your home.

    “The man who lies to himself can be more easily offended than anyone else. You know it is sometimes very pleasant to take offense, isn't it? A man may know that nobody has insulted him, but that he has invented the insult for himself, has lied and exaggerated to make it picturesque, has caught at a word and made a mountain out of a molehill--he knows that himself, yet he will be the first to take offense, and will revel in his resentment till he feels great pleasure in it.”- ― Fyodor Dostoevsky, The Brothers Karamazov




  • Moderators, Sports Moderators Posts: 7,427 Mod ✭✭✭✭yerwanthere123


    It's another case where there's more sympathy for the victim than the perpetrator. I can't imagine the fear of someone breaking into my home overnight, and I'm a lot older than Dean Kerrie.



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  • Registered Users Posts: 8,375 ✭✭✭BrianD3


    Is there a minimum sentence for this type of conviction. I'm trying to figure out if it's the judge or the jury or both who are the idiots here.

    A skinny teenager is in his home when a grown man throws a rock through the window, enters the property and assaults him and possibly his mother. Who cares if the intruder was (still) armed or not after throwing the rock. I certainly wouldn't take a chance on him being unarmed in that situation. Put him down as quickly as possible using any weapon that comes to hand and if he dies, he dies. it's not as if the intruder came in to rob the TV and was in the process of fleeing with it when stabbed - in that case then yeah, the force would have been excessive.



  • Registered Users Posts: 23,246 ✭✭✭✭Dyr


    Remember when we were told that the law was changed to you would get the benefit of the doubt for defending your home? Turned out it was bullsht

    If this lad had killed a fella in the street, the would have got a suspended sentence.



  • Registered Users Posts: 2,302 ✭✭✭kowloonkev


    I noticed at the end of the report he will have to engage with addiction services to have the last twelve months suspended. Was he intoxicated at the time of the incident? Such things could sway a jury.



  • Registered Users Posts: 235 ✭✭Hodger


    If someone breaks into your house you don,t know if their intentions are to steal / rape- sexually assault or to murder but one thing is for sure they don,t into another persons house with positive intentions on their mind.

    Regarding this case in question the young fellow looks skinny looking by all photos and wouldn,t stand much of a chance against a grown man while he was unarmed, people should put themselves in his shoes when you were of his age and skinny build and some man breaks into your house while your mother is home, what would you do ? would you not grab something to use as a weapon in self defence ?

    One thing for sure about Ireland is we have a broken justice system when this young lad get prison for self defence and men who break into houses and sexually assault women receive suspended sentences as happened up in Donegal.


    https://www.thejournal.ie/sexual-assault-3-5605157-Nov2021/



  • Registered Users Posts: 583 ✭✭✭CrookedJack


    If everyone was like them there would be no wars to worry about. I'd like to live in a world where people try everything to avoid killing someone, wouldn't you?



  • Registered Users Posts: 2,841 ✭✭✭TomTomTim


    According to Irish law, you should have a think about the law while it's happening, then find something to defend yourself with, but make sure that it's something that won't harm them too much. So if there's a knife near by, you should head out to shed and look for a baseball bat or something. We can't have poor criminals being harmed. It just wouldn't be right.

    “The man who lies to himself can be more easily offended than anyone else. You know it is sometimes very pleasant to take offense, isn't it? A man may know that nobody has insulted him, but that he has invented the insult for himself, has lied and exaggerated to make it picturesque, has caught at a word and made a mountain out of a molehill--he knows that himself, yet he will be the first to take offense, and will revel in his resentment till he feels great pleasure in it.”- ― Fyodor Dostoevsky, The Brothers Karamazov




  • Registered Users Posts: 40,007 ✭✭✭✭Boggles


    Baffling case given the precedent already set under the same defence.

    Why his lawyers didn't put him on the stand for the second trial is a mystery.

    Justice was not served here IMHO.



  • Registered Users Posts: 12,535 ✭✭✭✭Varik


    Jury found he'd an honest belief that the force used was appropriate but unlike any other case or even the most laymen reading of the the current laws since they added the "honest belief" part the Judge instructed the Jury it's either Murder or manslaughter nothing else......

    It shall not be an offence, it's in the first part of the law. It doesn't say you get a downgrade of offense but you're still guilty.

    "Judge said Dean Kerrie was entitled to use force in defence of himself, but the force he used was ‘grossly’ excessive"

    Only thing up for question was whether he honestly thought the force use was appropriate not if it was or if the Judge thinks it is.



  • Registered Users Posts: 14,903 ✭✭✭✭elperello


    I believe in the right of citizens to defend themselves and their property but I would add one caveat for the purposes of this discussion.

    Neither I nor presumably any other poster here has heard all the evidence in this case but the jury and judge did.



  • Registered Users Posts: 55,529 ✭✭✭✭walshb


    Yep.

    I did think it telling that he was marked moderate, and not low as regards reoffending in a violent way. Maybe there was a bit more to the situation..



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  • Registered Users Posts: 603 ✭✭✭Kurooi


    I hate hearing the idea of excessive force when it comes to self defence. As if the judge, were he to be suddenly awakened by a violent drunk, would pull his punches and in a split second assess just how much it's reasonable to hurt the sucker.

    Ridiculous. It's not like this guy enjoyed the violence, it was brought on him. He didn't stab someone because that's his thing and he gets a kick out of it, he did it because he was scared shitless, adrenaline kicked in, and he did what he had to do. Something many if not most of us would do in the same circumstance.


    Might as well just jail us all now, we're all guilty of this same crime of self preservation.



  • Registered Users Posts: 55,529 ✭✭✭✭walshb


    It was just one stab, yes?

    anyway, until you’re faced with a threat in your home late at night then you can never know how you’ll react. I don’t know all the details here, so difficult for anyone to give an accurate assessment.



  • Posts: 0 [Deleted User]


    What are we not hearing here, the way Virgin Media and RTE News reported on this this evening was strange to say the least. Where they known to each other or did he break into a random house to blame him for damage to his car?



  • Registered Users Posts: 55,529 ✭✭✭✭walshb


    A jury of 12 found him unanimously guilty?

    Guys, the law worked here. The jury heard all the evidence. Our peers. I fully understand the self defence angle, but seems this angle wasn’t strong enough for the jury to acquit.



  • Registered Users Posts: 3,646 ✭✭✭washman3


    And rocks are for smashing windows of a house so a person can enter the said house and attack the occupant.!!



  • Registered Users Posts: 12,535 ✭✭✭✭Varik


    The second time, after the first jury didn't.

    The Judges instruction were reported, not guilty wasn't an option from him there was no thirds option it was either murder or manslaughter. The same a McNally, but this time around the law were changed which the Judge clearly ignored.



  • Posts: 6,192 ✭✭✭ [Deleted User]


    Someone vandalises my property,I've no hassle going to their house to have it out with em


    Quite how it was let get to this stage,is a testament to the pure uselessness of the gaurds,and their powers of "discretion"



  • Posts: 0 [Deleted User]


    judge seems to have been quite dissatisfied with the jury here, a strange approach to sentencing, almost wishing he could give more



  • Registered Users Posts: 13,985 ✭✭✭✭Potential-Monke


    Your comments are full of "I know something you don't know", and with that username you're obviously local to the area and know the people involved. But comments like that are just pointless. Throwing shade at the shades without evidence is just as pointless. But your first line does ring true of most Waterford people I know. Doesn't make it right.

    Like some have mentioned above, we don't have all the evidence in this case, but there is something off about it. I'm sure there'll be another case to come. And maybe eventually we'll get all the details.



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  • Posts: 0 [Deleted User]


    The comments here are a classic sample of how your average boards poster cannot process nuanced information or interpret subtle data.

    It's quite obvious to an average intelligence reader that this young guy had previous and was likely to be an aggressor in this case.

    Anyone who actually believes that an innocent 17 year old boy has just been put in jail for defending the honour of his Mammy is..., well, just the average boards poster.



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