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Guilty of manslaughter of Waterford fisherman

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  • Registered Users Posts: 40,457 ✭✭✭✭ohnonotgmail


    you said

    I'm saying the emphasis on something that is subjective should not be the main contributor to find someone guilty or innocent.

    so not totally exclude it but downplay it. i dont think you can do. You can't get to a situation where there is a free for all where people think they are free to kill others. there has to be a justification for the killing and that justification is entirely subjective. good luck trying to write hard and fast rules that stand up to scrutiny in court.



  • Registered Users Posts: 587 ✭✭✭CrookedJack


    I'm not sure I understand your take here. You seem to be implying that the jury can interpret the law and somehow come to a decision that it was "Self-Defence". That they were following a truer interpretation of the 2011 act.

    This is not the case, the judge instructs them on the options they have - none of which are "Self-defence". His interpretation is the valid one. And, incidentally, a much more credible one than yours.



  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    So I did no such thing. Glad we cleared that up.

    Like I said previously it can't be black and white, but we can strengthen the law.

    Out of the 3 cases I mentioned, I have to say this is one I would suggest I would think would be the strongest for an acquittal.

    You can't get to a situation where there is a free for all where people think they are free to kill others.

    Hyperbole. Right now studying the precedent, you can stab someone multiple times with a garden shears and walk free, or multiple times if you are attacked on the street and walk free (eventually). Such few cases, but it seems every second week someone is violently murdered in their home.

    What we need to is get to a situation where we have multiple instruments to calculate culpability.

    I also think we need an absolute baseline in law when it comes to violent home invasions, structured around the absolute terrifying horror of such a crime.

    Right now it's, well why didn't you this or that. Like I said it's farcical and infuriating.

    The prosecution acted shamefully in this case, the deceased high on drink and drugs, fresh from writing off his car into a poll, smashing windows and kicking doors open, only popped in for a calm chat about his side mirror.



  • Registered Users Posts: 587 ✭✭✭CrookedJack


    To be fair, arguing the difference between what you said and how he described what you said, rather than addressing the actual point he was making is hardly good faith posting is it?

    You absolutely understood what he meant, right? That he felt you were being hypocritical in wanting the system to be both objective and subjective where you would agree with the subjectivity.

    It's certainly bad-faith posting to start the whole "Where did I say..." rubbish to avoid actual conversation when you know well the intended point.



  • Registered Users Posts: 480 ✭✭getoutadodge


    Agree. The judge whingeing about the decision of the jury to accept a self defense motive. Can't have the plebs getting ideas about defending themselves...hence the ruling.



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  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    He claimed I said something which I clearly didn't.

    I have posted reams of opinion at stage, but here you are discussing me accusing me of avoiding conversation. 😂



  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    The Jury concluded that the accused honestly believed the level of force he used was necessary to defend himself, they then concluded that a reasonable person looking in would consider the force disproportionate.

    Like I said we badly need to strengthen the law to help Jurys.

    A self defence acquittal is extremely rare.

    The lad was 17, 120-130 pounds wet up against a extremely large and aggressive 25 year 6 foot 4 male who was off his head on drink and drugs.

    Begs the question what he could have done to stop that unit beating him to death that a reasonable person would find appropriate.

    It's farcical.



  • Registered Users Posts: 374 ✭✭NiceFella


    I saw a Facebook post up giving a very different context of story such as the article you have put up. 350 likes in a few hours. 80 odd comments. Surely, it must be Russian bots!

    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    That was a report in the paper the next day before any facts were established.

    Case in point.

    According to sources, Jack and another person went to a house to talk to the occupants about the anti-social behaviour which has intensified in the town recently.

    It is understood he was talking to a woman outside when a young man emerged with a knife and stabbed him

    I imagine those sources were Facebook.

    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    I'm convinced, absolutely no need for Jury trials anymore, not when Facebook and The Sun can knock it out of the park in a few hours.

    I'll send a letter to the Justice Department to tell them to disband immediately.



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  • Registered Users Posts: 374 ✭✭NiceFella


    No I agree with the Jury handing down a sentence given the context of the situation. That's my opinion on the matter.

    As I already stated, Power was stupid to go to his house, but this Kerrie lad by many many accounts was a trouble maker. Now I don't think it is unreasonable to say that there should be consequences for that.



  • Registered Users Posts: 587 ✭✭✭CrookedJack


    Again, you're implying the Jury gave an opinion on the law and somehow this was disregarded. That never happened.

    The jury did not need any further help, they did exactly what the system needs them to - they followed the judge's instructions and chose one of the allowed verdicts. What more help do they need?

    Did you attend the trial? I don't believe so, so you would be much less informed than both the judge and jury. You're taking 4th and 5th hand information and stitching it into a story you like so you can be outraged at an injustice. This is just a fantasy, as you don't have enough information to be able to make a valid conclusion.



  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    Again, you're implying the Jury gave an opinion on the law and somehow this was disregarded. That never happened

    No I didn't, I have no idea how you came to that conclusion.

    In a case such as this where someone pleads defence a Jury has 3 options under the law.

    The option they chose is the exact option under the law I wrote.

    The Jury concluded that the accused honestly believed the level of force he used was necessary to defend himself, they then concluded that a reasonable person looking in would consider the force disproportionate

    Option 2 if you will. Manslaughter.

    Did you attend the trial? I don't believe so, so you would be much less informed than both the judge and jury. You're taking 4th and 5th hand information and stitching it into a story you like so you can be outraged at an injustice. This is just a fantasy, as you don't have enough information to be able to make a valid conclusion.

    So in order to have opinion on a trial you must have attended, I guess you attended so, did you? 😏

    The court reporting on this trial was extensive given it's nature and as far as I am aware the Judge didn't prohibit anything from being reported, so I think it safe and fair to assume all key evidence was reported on, unless you know of otherwise?

    For clarity here are the 3 options

    1. If a jury finds the prosecution has proven that an accused knew the force they used in response to an unlawful attack was disproportionate to the attack, and that a reasonable person would also consider the force excessive, that is murder
    2. If a jury finds the prosecution has failed to prove that an accused did not honestly believe that the force they used was necessary for self-defence, but has proven that a reasonable person would consider the force used was disproportionate, that is manslaughter
    3. An acquittal arises when a jury finds the prosecution has failed to prove that an accused did not honestly believe the force they used in response to an unlawful attack was necessary for self-defence and has also failed to prove that a reasonable person would not have reached the same conclusion




  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    A trouble maker with no previous convictions who seemed to be the only one not under the influence that night. Because Facebook. 😂

    Also Jurys don't hand down sentences.



  • Registered Users Posts: 374 ✭✭NiceFella


    Go on, Explain it to me then. Why are literally 100s of accounts on Facebook just making it up in some grand conspiracy against this chap for absolutely no reason at all? It's all nonsense is it?

    Also tell me this; Do ordinary people keep company with people who rob houses and have been convicted for it?

    Yeah he was a lovely fella by the sounds.

    Your last bit is just pedantic nonsense and you know it. And you talking about arguing in poor faith?



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    To be fair, while it's not absolute fact, it can be implied from the not guilty of murder verdict that the jury did believe he was acting in self-defence.

    However, and to agree with the second point you raise, the guilty of manslaughter verdict implies they believed Kerrie used excessive force.

    So really both instances can be correct.



  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    Guilt by association, more Facebook justice. 😂



  • Registered Users Posts: 236 ✭✭THE_SHEEP


    So , in summary , when forced to defend your loved ones or property, from an intruder, your most lethal form of defense is one of these .......




  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    In the event of an unlawful attack on you, you are entitled to defend yourself. That's absolute.

    So it wasn't ever really a question of self defence, but how you defend yourself and what were the consequences of that defence.

    There can be absolutely no question given the facts that accused was in fear of his safety and in fear of his mothers safety in their home at the time.

    It's quite farcical when you think about it.



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  • Registered Users Posts: 40,457 ✭✭✭✭ohnonotgmail


    you imply all you like I prefer to stick to what we know.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    To be honest I'm not too familiar with the case at play in that I didn't read about the evidence too much. I was only clarifying the point above how it can be both self-defence and use of excessive force.

    On the face of it, I don't see what else he was supposed to do, but at the same time I wasn't there listening to every shred of evidence.

    What you read in the papers regarding cases doesn't give you close to the full picture of the evidence presented to the jury.

    One thing I would always say is that if anyone had enough spare time, they should go to a Central Criminal Court trial from start to finish if even just to get an idea of how much evidence is actually heard.



  • Registered Users Posts: 1,580 ✭✭✭JDD


    I can't help but feel there's more to this case than is being reported in the press.

    On the face of it, I cannot understand how any court would say that it was excessive force for a slightly built 17 year old to inflict a single stab wound on a violent intruder into his home. It is certainly clear to me that he used reasonable force to protect himself, his family and his property.

    I think that there must be more here. Like maybe he didn't just reach out for a knife and there happened to be a carving knife beside his bed. Who keeps a carving knife in their bedroom? Maybe there was some indication that the argument calmed down, and then he got the carving knife from the kitchen and stabbed the intruder? That certainly seems to be the inference from the trial judge. Maybe there is evidence that was either not admissable at trial or the papers were not allowed to print it because the records were from when Kerrie was a minor. Perhaps Kerrie has had a history of violence, perhaps there is evidence that he has suffered some trauma from a home invasion in the past, or something like that? It seems odd that the probation service has said that he has a moderate, not low, chance of reoffending. It seems to me that this was not his first offence.

    However, if none of the above applies then I think he should definitely appeal.



  • Registered Users Posts: 26 whee5


    Only a teacher would have the spare time to do that (or a retired or unemployed person).



  • Registered Users Posts: 40,230 ✭✭✭✭Boggles



    It seems odd that the probation service has said that he has a moderate, not low, chance of reoffending.

    That was based on the fact that he could not state an alternative way of handling the situation, the service came to the conclusion that if the same thing arose in the future, he wouldn't just take his beaten and hope he doesn't die like you are supposed to apparently.

    Maybe the Probation service thought he was being assaulted by a bear, roll over and play dead maybe?



  • Registered Users Posts: 374 ✭✭NiceFella




  • Registered Users Posts: 56,238 ✭✭✭✭walshb


    Exactly what I was thinking when I read this. This chap had more going on. And the jury heard all the details.



  • Registered Users Posts: 587 ✭✭✭CrookedJack


    Maybe I took the wrong inference from your statement that the law needs to be strengthened to help juries.

    I don't understand that, especially as your response was to point out that the jury were instructed in their options and selected the one they felt appropriate. What help do they need from stronger laws?

    My understanding of what you meant was that the jury wanted to draw some other conclusion but the laws only allowed these "weaker" ones. Happy for you to clarify my misunderstanding if you like.


    As for the other point "In order to have an opinion you must have attended", well you're just being silly. No honest reading of my post would imply that. Nor have I expressed any opinion over the outcome of the case, how could I since I haven't heard the evidence

    You're skirting around the fact that you don't have enough information to have a useful opinion, but would prefer to still spout conclusions as if you had.

    Enough humility to know what you don't know and post accordingly would serve you well.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    Ok?

    Sorry for pointing out, using my experience, how a verdict can by fairly interpreted.

    But hey, you know best.



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  • Registered Users Posts: 40,230 ✭✭✭✭Boggles


    If you actually read my posts instead of hilariously trying and failing to find gotchas in them you know exactly what strengthening of laws I was referring to.

    You're skirting around the fact that you don't have enough information to have a useful opinion, but would prefer to still spout conclusions as if you had

    Why are you actively trying to shutdown a debate based on the assumption that there is not enough information available to have that debate?

    Again what pertinent information on a case that basically rests on a split second act do you think we are lacking?

    Using the precedent set from other similar cases that I have mentioned, I am fully entitled to give my opinion on this case, as are you. But you seem to be badly struggling with that concept.

    But hey, if you don't like that, there is an ignore function. 👍️



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