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Man gets 10 months for threatening to send personal pics

245

Comments

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


    Yes, deflecting.

    He was charged on existing legislation, which is the point you seem to be missing.

    Again, nothing to do with proposed legislation that doesn't exist yet.

    There are threads here on that already if you want to talk about it, instead of derailing this one.



  • Registered Users, Registered Users 2 Posts: 9,789 ✭✭✭cgcsb


    Delighted with this sentence but puzzled by it also. The same judge has given less punishment to violent rapists and child molesters.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,356 CMod ✭✭✭✭magicbastarder


    re the sentence being handed down even though it was 'just' a threat - this is nothing new, assault does not require actual physical harm, a threat of physical harm constitutes assault.

    2.—(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—

    (a) directly or indirectly applies force to or causes an impact on the body of another, or

    (b) causes another to believe on reasonable grounds that he or
    she is likely immediately to be subjected to any such force or impact,

    without the consent of the other.



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles


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

    Obviously factored into the sentencing.

    https://www.echolive.ie/corknews/arid-41388106.html

    Previous precedent. Longer sentence.

    Hilarious people are trying to make this a freedom of sreech case.



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


    I don't think it's hilarious. It's just the level of misogyny I expect here.

    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: 396 ✭✭lmk123


    He deserves it 100%. It’s a sick thing to threaten somebody with. It’s great to see a proper sentence for once. I think there should be minimum sentences for domestic abuse, rape, coercive control, child abuse etc. Don’t give the judges a choice but to hand the scumbags lengthy sentences. An example would be Paul Moody, he should have got life in jail for what he did, all the evidence in the world and he gets 3 years. About time these sick c***s see that they can’t get away with it using their “hard upbringing, addiction etc.” bull***t excuses.



  • Registered Users Posts: 1,027 ✭✭✭Ashbourne hoop


    The soft sentences for other crimes and in particular sentences handed out by Nolan previously, don't take away from the fact that this was the correct sentence. It sends a message out that this kind of behaviour is unacceptable and has real life consequences. I've no sympathy to be honest.



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


    It's fairly harsh imo, I wonder will he appeal it? If he got 6 months with three suspended I think that would still be 'sending a message'



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


    To be fair, there is unquestionably an issue with the consistency of sentencing in general and with that judge in particular



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  • Registered Users Posts: 62 ✭✭DialecticAspirations


    Sorry sir, but the dialectic and critical thinking room is down the hall, first on the left.

    This is the emotion and virtue signalling room.

    Post edited by Boards.ie: Mike on


  • Moderators, Social & Fun Moderators, Regional East Moderators, Regional North West Moderators Posts: 12,373 Mod ✭✭✭✭miamee


    From reading the article, he didn't get a chance. He sent the messages to the woman, she immediately called the Gardaí and told them what pub he'd said he was in and they went and apprehended him there.

    So there is no knowing if he would have thought better of it and apologised at a later time or if he would have gone ahead and posted the images as he'd threatened.

    I'm surprised at the length of the sentence but in reality this guy will potentially be out by the end of the summer.



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles


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

    The OP has been pretty clear what they think, I don't see much nuance TBF.

    However, 10 months in prison for essentially saying something he shouldn't have is absolutely preposterous

    The OP seems to have a remedial view on the crime itself and most importantly the effect this type of crime can have on it's victims.

    The criminal in this case was in possession of intimate pictures of the victim and threatened to send them to others. So the narrative that he was jailed merely for saying something is both utterly false and idiotic. It's blackmail to inflict harm.

    As whether the sentence is appropriate or not that is decided by numerous factors.

    Legislation.

    Victim Impact.

    Previous Convictions.

    Previous sentencing for similar crimes.

    Probation report.

    Etc, etc.

    That is the nuance you seem to be demanding but haven't engaged in.

    There is certainly an argument he shouldn't be confined to prison at all, given his circumstances he should be confined to a facility that can address his issues, "cure" him somewhat so his chances of reoffending are minimised and the public in the future are safer.

    But the mere suggestion of that will get you labelled a soft on crime lunatic by the some nutters who think black mailing someone is a violation of ones freedom of speech.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 8,691 ✭✭✭volchitsa


    From the OP, I thought you meant he threatened to send his own "dick pics" - that would have been excessive.

    But he was threatening to send sexual images of another person - that's blackmail or worse. 10 months seems about right for that. Personally I'd like to lock people like that up for life, but I understand that there are limits on prison places.

    Reem Alsalem UNSR Violence Against Women and Girls: "Very concerned about statements by the IOC at Paris2024 (M)ultiple international treaties and national constitutions specifically refer to women & their fundamental rights, so the world (understands) what women -and men- are. (H)ow can one assess fairness and justice if we do not know who we are being fair and just to?"



  • Registered Users Posts: 409 ✭✭pjordan


    It did occur to me that the guy's social background and his "difficulties" seemed to play a part in the custodial sentence imposed, whereas someone from a "respectable" background would more likely have got off with a suspended sentence. It just shows the gross lack of consistency and variance in punishments imposed for sexual crimes depending on the perpetrator and the judge in the case.



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




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  • Registered Users Posts: 69 ✭✭watersleticia


    some amount of incels on here. Fair play to the judge. The woman in this case could have killed herself , as has happened with other sexual blackmail schemes.



  • Site Banned Posts: 2,799 ✭✭✭Bobtheman


    It's ridiculously long and given the loss of evidence if that's true then it will be the subject of an appeal.

    It would be interesting to investigate whether the accused got the mental health services he required.

    I'm not saying that absolves him but should be a factor



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


    No, it's not. Looking at this thread, some people seem to think that this is harmless enough, it's not. With the growing level of abuse received by many online (especially teenage girls), this message needs to be hammered through. It's wrong to harass and threaten to send personal images of women and girls online. If you do so, you will be severely punished.



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles


    It's ridiculously long and given the loss of evidence if that's true then it will be the subject of an appeal.

    He won't be appealing the verdict on those grounds because he plead guilty.

    The headline sentence was 20 months, he got a 10 month reduction because he plead guilty and showed remorse.

    Would an appeal court rule that a 50% reduction was not generous enough for a guilty plea? Would they rule given previous precedent that a 20 month headline sentence was too harsh, I severely doubt it.

    There is no information that he has been bailed on foot of an appeal, so I doubt one is forth coming.



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


    He's 45 years old, a bit old to be blaming his parents or his upbringing for why he did this.

    A 45 year old man dating a 20 something year old woman and he threatens her like this and some people would like to think he is the victim because she reported it and he got a custodial sentence. He was lucky half of it was suspended.

    Only on Boards.



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  • Registered Users, Registered Users 2 Posts: 2,707 ✭✭✭Citizen  Six


    So Nolan is the bad guy when he gives light sentences, and he's the bad guy when he gives appropriate ones too?



  • Registered Users, Registered Users 2 Posts: 2,360 ✭✭✭rogber


    No sympathy, guy sounds like a piece of dirt, the problem though, as always, is inconsistency in sentencing



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


    The stress and psychological trauma of even being threatened with it would be horrific, it's not a victimless crime just because the images weren't made public.

    Imagine the thoughts of your family, friends, colleagues, employer, neighbours and strangers watching it? Imagine how hard it would be to move on and trust another partner?

    A few high profile cases with a custodial sentence might help prevent it happening in the future.

    He was a scumbag, regardless of what happened in his life.



  • Registered Users, Registered Users 2 Posts: 8,691 ✭✭✭volchitsa


    Not too good on humour, I see.

    For the avoidance of doubt, I wasn't being entirely serious, seeing as I said that 10 months seemed reasonable.

    I simply mean that in general, this sort of crime is often not taken seriously, as illustrated by a number of posts on here, and that it should be. The fact that attempted murder or rape sometimes get insufficient punishment is not justification for dismissing this as "just words". Inadequate sentences for violent crimes need to be dealt with by adjusting sentences, not by letting other crimes go unpunished.

    Reem Alsalem UNSR Violence Against Women and Girls: "Very concerned about statements by the IOC at Paris2024 (M)ultiple international treaties and national constitutions specifically refer to women & their fundamental rights, so the world (understands) what women -and men- are. (H)ow can one assess fairness and justice if we do not know who we are being fair and just to?"



  • Registered Users, Registered Users 2 Posts: 754 ✭✭✭dontmindme


    Was the 'footage' the accused possessed not his own property to do with as he pleases? Were any stipulations put on the recording of the 'footage' by the complainant when it was recorded?



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


    The weakest attempt at a defence I've seen so far. Obviously not, since he's been convicted of a crime.

    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: 3,497 ✭✭✭francois


    Good, more of these sentences please.



  • Moderators, Social & Fun Moderators, Regional East Moderators, Regional North West Moderators Posts: 12,373 Mod ✭✭✭✭miamee


    One can reasonably assume that the filming of an intimate act(s) between two consenting adults was intended for their own pleasure or viewing only and was never intended for a public audience.



  • Registered Users, Registered Users 2 Posts: 87,871 ✭✭✭✭JP Liz V1




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


    So you think nearly two years is an appropriate sentence for once threatening to share intimate images. What would be appropriate if he had been holding this threat over her for months? What sentence should he receive if he actually shared them, with one person? with multiple people?

    For the avoidance of doubt, I think it should be a crime, and he should be punished for it, just think maybe the judge got a new toy to play with (new law, no precedent in sentencing) and got a bit carried away.



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  • Registered Users, Registered Users 2 Posts: 19,258 ✭✭✭✭MrStuffins


    Intimate videos and pics of another person and you think he can just "do as he pleases" with them? What planet are you living on?

    It's attitudes like this that make me really happy that this is now a crime and people are actually going to prison for it. What a horrible attitude to have!



  • Registered Users, Registered Users 2 Posts: 121 ✭✭AnMuinteoirOg


    Nolan’s doesn’t deal with violent rapists. He’s a circuit court judge. They’re sentence in the Central



  • Registered Users Posts: 737 ✭✭✭foxsake


    but he didn't actually send anything he threatened to send them. he was wrong to do this but 10months in jail wrong?

    I don't like it. its very excessive.

    It's not exactly relevant but judge nolan is letting lads with child porn off - last week.

    There is no parity in our courts - we kinda knew this for decades but it's clearly now there is no parity in a judges mind.



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles


    just think maybe the judge got a new toy to play with (new law, no precedent in sentencing) and got a bit carried away.

    I already linked to an example of recent precedent on this thread. You must have missed it, so here it is again.

    https://www.irishexaminer.com/news/courtandcrime/arid-41387989.html

    A 26-year-old man has been jailed for a year for threatening to post intimate images of his former partner online.

    At Cork Circuit Criminal Court, Judge Jonathan Dunphy imposed a sentence of two and a half years on the accused, with the final 18 months suspended

    You also seem to be leaving out the fact the guy sentenced to 20 months had multiple previous convictions, which I suppose is on purpose because it doesn't suit the conspiracy.



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles




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


    The law is quite explicit, can only be published with the permission of the participant otherwise it's a crime. The fact it was in his possession is immaterial.



  • Registered Users, Registered Users 2 Posts: 24,276 ✭✭✭✭Sleepy


    I'm in two minds on this one: on the one hand publishing anyone's intimate pictures without their consent porn is a horrible crime (yet seemingly totally legal for the paparazzi should the victim happen to be famous / a member of the British royal family etc.).

    A custodial sentence for drunkenly threatening to do it, however, seems very harsh when drunken threats to commit the ultimate crime against someone (i.e. murder) are practically an everyday occurrence (particularly among the class of people that seem to be involved in this case - reading between the lines I'm understanding this to have happened between a pair of junkies - perhaps an element of classism in the sentencing?).

    I can't see how imposing a custodial sentence for this will do much to make the perpetrator see the error of his ways. If anything, I'm guessing it's likely to make him hate/mistrust women more than he already seems to… By all means if he'd actually carried out the threat, prison time would be appropriate but I'd have thought that for what seems like a drunken threat some court-mandated therapy/counselling would be a more useful outcome particularly if there was no real intent to make good on the threat.

    It does set an interesting precedent though: if this guy gets 10 months for drunkenly threatening revenge porn, are we going to see a surge in cases of women being sent to prison for threatening their cheating partners with castration/murder ?



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles


    It does set an interesting precedent though:

    It isn't the precedent.

    are we going to see a surge in cases of women being sent to prison for threatening their cheating partners with castration/murder ?

    Bizarre tangent to try and shoe horn in.



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




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  • Registered Users, Registered Users 2 Posts: 24,276 ✭✭✭✭Sleepy


    Of course. It's rarely worked to reduce crime though.

    Why? If we as a society have decided that the threat of committing a crime against someone is worthy of a jail sentence, then why only a particular type of crime? And why would the threat of a more serious crime not receive a higher jail sentence?



  • Registered Users, Registered Users 2 Posts: 2,091 ✭✭✭Smee_Again




  • Registered Users Posts: 2,817 ✭✭✭Sunny Disposition


    It's an excessive sentence certainly. If he had shared them a custodial sentence might be appropriate, but not for making the threat. Imposing a conviction may have been correct, possibly even a shorter sentence fully suspended, but 20 months with ten suspended is very excessive considering the early guilty plea.



  • Registered Users, Registered Users 2 Posts: 418 ✭✭Raichų


    lucky for me I’m not worried about going to prison for blackmailing someone



  • Registered Users, Registered Users 2 Posts: 9,867 ✭✭✭Red Silurian


    There's enough adverts on the telly and radio about how threats like this are 100% illegal. The judge giving him a 20 month sentence is reflective of how much distress he caused and how he should have known better. The length of the sentence will set a precedence and stop any copycat criminals from thinking of doing similar.

    The suspension of half the sentence for a guilty plea and admissions of remorse is also a good one as no victim wants a lengthy trial. If this was his first conviction perhaps a greater suspension could be warranted but he has been convicted of other offences before so I am glad to see him behind bars



  • Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭Clo-Clo


    "oh i was drunk" is the excuse used a lot

    Good job by the courts, it's about time we started to shut down this sosrt of BS

    Trying to ruin someone's life and then the excuse was "I was drunk" doesn't really wash anymore.

    "Deep remorse", what about the person he was making threats to? or should we not care about them,

    The only "clown" in this story is the guy making threats



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  • Registered Users, Registered Users 2 Posts: 7,149 ✭✭✭amacca


    Yep...that would be my query too

    How is this worse than some of the stuff he has let people off for?



  • Registered Users, Registered Users 2 Posts: 40,795 ✭✭✭✭Boggles


    Why? If we as a society have decided that the threat of committing a crime against someone is worthy of a jail sentence, then why only a particular type of crime? And why would the threat of a more serious crime not receive a higher jail sentence?

    Threat of a crime?

    It is either a crime or it isn't.

    Threatening to release intimate pictures of someone in this state is a crime.

    I can't see how you are struggling here.



  • Registered Users, Registered Users 2 Posts: 7,149 ✭✭✭amacca


    Someone posted earlier the offence was from before tha ads....not that it shoukd make much of a difference



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


     It's rarely worked to reduce crime though.

    its certainly made a few here sit up and notice.

    Its not as if the chances of being caught are slim with this kind of crime.



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


    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



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