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Man gets 10 months for threatening to send personal pics

124

Comments

  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭eightieschewbaccy


    So basically leave the guy off until he does cause serious harm by releasing such photos. That causes a hell of a lot off psychological damage to the victim so avoiding that scenario is pretty great. Zero tolerance on this kind of thing will put people off making such threats to start with.



  • Registered Users, Registered Users 2 Posts: 25,951 ✭✭✭✭Strumms


    never did I say ‘ leave the guy off..‘… you are being disingenuous.



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


    It’s not clear what to conclude from your post though: it wouldn’t make things better for the victims of assault if the victim of a threat of blackmail also got off too lightly.

    Surely the only sensible approach is to PRAISE the sentence for the threat of blackmail and then use that to argue for for heavier sentences for other crimes as well?

    Not to complain about the blackmail one?

    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: 40,798 ✭✭✭✭Boggles


    to put it in perspective. A repeat offender in this country can get a suspended sentence for assaulting someone. For actually harming someone physically & probably psychologically.

    Again, for the 4th time. This criminal had multiple previous convictions.

    You are bizarrely arguing that the justice system is too soft whilst at the same time arguing to make it softer.

    It's beyond strange. Must be something else at play here.



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


    He had previous convictions, totally unrelated to this case. They shouldn't be a factor in sentencing.

    If they were for domestic violence or coercive control or whatever then yeah, but I don't think motoring convictions should be taken into account



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  • Registered Users, Registered Users 2 Posts: 40,798 ✭✭✭✭Boggles


    So you would campaign to have previous convictions removed from judicial guidelines when deciding sentencing?

    Thread has descended further into Bizarro world, Nolan is too harsh and multiple previous convictions shouldn't count.

    😂



  • Registered Users Posts: 11,077 ✭✭✭✭martingriff


    I love how some on here are trying to justify there post with we'll others only got x. It's horrible only some criminals got off so lenient but it is not a justification for it's only words (so is libel/defimation) and he should be let off and an apology.



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


    Sentencing guidelines for burglary for example include 'relevant previous convictions'



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


    Factors Affecting Sentencing in Ireland

    The judge will consider a range of factors when deciding on an appropriate sentence, including the following:

    1.     Nature and Severity of the Offence: The judge will consider the type of offence, how serious it was, and whether it was a first-time offence or part of a pattern of criminal behaviour.

    2.     Criminal History: The defendant’s criminal history will be taken into account, including any previous convictions or pending charges.

    3.     Aggravating Circumstances: Factors that may increase the seriousness of the offence, such as the use of violence, the involvement of weapons, or the targeting of vulnerable victims.

    4.     Mitigating Circumstances: Factors that may reduce the seriousness of the offence, such as the defendant’s personal circumstances, level of remorse, or cooperation with law enforcement.

    5.     Victim Impact Statements: The judge may also consider any statements made by the victim or their family, outlining the impact that the offence has had on their lives.

    6.     Sentencing Guidelines: In some cases, the judge may refer to sentencing guidelines issued by the Irish Sentencing Council, which provide a framework for judges to consider when imposing sentences.

    from:

    https://www.danielkreith.ie/the-sentencing-process-in-ireland/#:~:text=Criminal%20History%3A%20The%20defendant's%20criminal,the%20targeting%20of%20vulnerable%20victims.



  • Registered Users, Registered Users 2 Posts: 40,798 ✭✭✭✭Boggles


    Epic strawman, we have no idea what his multiple convictions were for, but we need to concede the probation service and Judge does.

    But what you seem to be suggesting is if Anto has 220 previous motoring and assault convictions if he robs a house he is seen has a first time offender when it comes to sentencing?

    You really sure you want keep digging that hole?



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  • Registered Users, Registered Users 2 Posts: 41,113 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



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




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




  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭eightieschewbaccy


    He plead guilty so the question on if he broke the law is still pretty clear. Let's also remember, you think he had a right to distribute the images..



  • Registered Users Posts: 2,764 ✭✭✭DeadHand


    I'm all for it: I'd have given him 24 months.

    I'd like to see far, far harsher sentencing across the board, particularly for repeat offenders as this person was.



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


    It's not his personal property it's shared between the participants, and both need to consent.



  • Registered Users, Registered Users 2 Posts: 12,027 ✭✭✭✭anewme


    Good result.

    People think they can say what they want and get away with it.

    Breaking News: They can't.

    The only ones complaining will be the ones who do this. The concerns about "soon you wont be able to say anything". You can say anything, but there will be consequences, like this man found out.





  • I dont think anyone has any issue with 10 months for making a threat, it is the inconsistency that cause issue.

    This guy gets 10 months for the threat, another gets off scott free for kicking the sh*t out of someone.. and all the other examples posted.

    If the guy got 5 years for kicking the sh*t out of someone, and our guy got 10 months for the threat, then we would all be happy..

    Their is no consistency, not sure why ppl dont get that point, and saying things like "So basically leave the guy off until he does cause serious harm by releasing such photos." - missing the point altogether..



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


    Various people here have defended him by describing his misogynistic actions as "thoughtcrime".

    Inconsistent sentencing elsewhere does not make Judge Nolan's sentence wrong.

    Post edited by Boards.ie: Mike on

    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





  • Well a strict definition of what he did is a "thoughtcrime" - tbh i dont see that as defending him, it is what he did.. whether he carried it through or not we will never know.. JUST SO WERE CLEAR I AINT DEFENDING HIM!

    I dont think anyone is defending him here. what he did was wrong.. ppl are just angry with the stupid sentences handed down in other cases.

    In fairness Inconsistent sentencing does… how are sentences supposed to put ppl off crimes when they have no idea what they will get - off scott free or some harsher or lenient sentence.. at the whim of the judge..

    You would expect laws would be pretty standard / consistent stuff, they have been developed over 100's years, if we had standards maybe this guy would have gotten longer sentence, and if this was consistent then it definitely would be a deterrant!



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


    Nope. People here are defending him, including yourself now. We're done.

    Post edited by Boards.ie: Mike on

    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





  • lol that the best you can come up with, good defence there, you'd make a good lawyer



  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭eightieschewbaccy


    You're labeling it as a "thought crime", except he didn't simply think about doing something. He threatened somebody with doing it. Automatically at that point, you have a victim of a crime. That's psychologically harmful regardless of if he follows through or not. So he committed a legitimate crime and there was a victim. You and other users can try to downplay it but legally speaking, the law isn't on your side.

    Post edited by Boards.ie: Mike on


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


    He was convicted.

    All you've done is justify the existence of anti-misogyny laws. Odd that you couldn't give a "strict definition" of thoughtcrime.

    Post edited by Boards.ie: Mike on

    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





  • Fair enough, but still missing the point - a threat is far less damaging than actual physical harm - (both physically and psychologically) yet in this country doesnt seen to be the case in alot of instances, can you not agree thats messed up?

    Thats the whole point, the only point, and now we can all go off and have a good threat free weekend :)



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


    That’s not what a thought crime is, by any definition. Thinking the wrong thing is very different from threatening to harm someone.

    And if you haven’t seen anyone defending him, it may be that your definition of defending is equally idiosyncratic.

    Post edited by Boards.ie: Mike on

    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?"



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


    Nope. Just pointing out facts. Odd that you made that jibe about me not being fit to be a lawyer while you can't define the word that's the basis for your defence of this guy.

    Post edited by Boards.ie: Mike on

    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: 3,733 ✭✭✭eightieschewbaccy


    Inconsistent sentencing is a separate issue though. People have taken their lives as a result of such threats so psychological harm can be incredibly dangerous. Violent crimes not having adequate or inconsistent sentencing is just that, it doesn't make a fair sentence unacceptable.

    Also I didn't miss the point, you claimed it was a "thought crime"... You didn't view it as criminal behavior is how that reads.

    Post edited by Boards.ie: Mike on


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  • Registered Users, Registered Users 2 Posts: 3,894 ✭✭✭monkeybutter


    there really need to be a mechanism to review judges performance and have them removed

    I mean Nolan is the prime example of this.



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


    I guarantee that this threat had consequences for the victim, her reputation will have been sullied by having it known that these PRIVATE images exist. If she wasn't known as a slut before this she certainly will be now.

    Nothing is without consequences as this guy found out to his cost.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 40,552 ✭✭✭✭ohnonotgmail


    The whole thoughtcrime issue is just nonsense. if he had only thought about phoning the woman and threatening to release the photos then he wouldn't have been convicted





  • You edited your post :)

    Odd that you are just picking on one point completely ignoring all the other statements made

    My point and only point really is inconsistency, I havent seen one post where anybody said he should have gotten off scott free or that the sentence was too harsh, only harsh compared to other crimes which were far more damaging!

    Thats it, your all deflecting from this saying ppl are defending him etc, which were not.. just making a point thats all.



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


    But if the problem is insufficiency in OTHER sentences, why are posters insisting on how minor this one is, or even saying there was no crime?

    Maybe you’re saying they’re just sh1te at putting their real point, and accidentally end up making a different one altogether?

    Whereas I believe in reading what someone says. Not what I think they should have said.

    Post edited by Boards.ie: Mike on

    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?"





  • ppl would have taken their lives over consistent threats over a period of time, not just one threat.

    In the case of physical abuse (beating the crap out of someone), this is one instance and would have far worse psychological damage, possibly ending up taking their life.

    "Also I didn't miss the point, you claimed it was a "thought crime"... You didn't view it as criminal behavior is how that reads."

    Well thats where perception comes in, I did not mean it that way, and when I read other ppl's posts when they referred to it that way I did not assume they were playing it down, I could see where they were coming from, simple anger over why other criminals got far less sentence for a crime they viewed as far worse..

    In my opinion, this crime is less serious than the crime of beating the sh*t out of some..

    Thats all Im saying, really, it makes me angry that someone could get away scott free for doing this, and another individual gets 10 months for a threat..

    Im not syaing the guy should have not got 10 months, Im saying the other guy should have got years in prison ..

    Please understand the point



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


    Even if true, how would this justify a LOWER sentence for this crime, rather than a higher one for other crimes?

    Post edited by Boards.ie: Mike on

    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: 812 ✭✭✭Juran


    I believe the reason a lot of people think 10 months jails is excessive for his actions, is because we are so used to reading and hearing about suspended sentences for wreckless manslaughter and serious crimes; or pissy fines for people with 20+ previous convictions; or a wrap on the knuckles for people with 100+ convictions without ever been sent to jail.





  • cry cry..

    I never said that, did you not read my second last sentence ffs

    "Im not syaing the guy should have not got 10 months, Im saying the other guy should have got years in prison .."



  • Registered Users Posts: 868 ✭✭✭purifol0


    Are you from the past? Everyone and their Da has photos like this now. It's been completely normalized.



  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭eightieschewbaccy


    Consistent threats isn't a requirement for such a scenario, it's just something you made up. Plenty of people can freak out very carefully after any threat and it depends on plenty of factors. For all she knew, he was about to put them online. One threat can translate into an action very quickly.

    You have no idea of the psychological impact this had on the victim. My point also stands, this is a fair sentence for the crime. Inconsistent sentencing is a separate issue. Perhaps people will think twice about threatening to leak private photos as a result of such judgements. It shouldn't be a requirement for them to threaten it multiple times before they face such consequences.

    Post edited by Boards.ie: Mike on


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  • Registered Users, Registered Users 2 Posts: 40,552 ✭✭✭✭ohnonotgmail


    and if they threaten to release them without the consent of all parties they would hopefully get locked up like this idiot.





  • by your logic beating the **** out of someone is fine then, and ppl shouldnt think twice about it because their is no consequence..

    Ya see where that logic leads..



  • Registered Users, Registered Users 2 Posts: 4,410 ✭✭✭Potatoeman


    “She said 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.”

    That’s crazy that they lost their own evidence.

    The only reason the sentence is this high is because this is one of the first convictions for this type of crime (very difficult to prove intent in future cases) and the victim has a social carer so they would be an at risk individual.





  • No I dont and neither do you, my point was that in very general terms I would think that a once off threat by txt msg is far less damaging psychologically than getting the crap beaten out of you, never mind the physical damage



  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭eightieschewbaccy


    Not at all, I was already clear that I favour consistent sentencing so violent crimes should absolutely face proper consequences in terms of sentencing. My logic is actually a lot more consistent than your own, you started out by trying to minimise the crime. Have I made an effort to minimise violent crimes? Have I denied inconsistent sentencing as an issue? You'll find I'm a no on both counts.

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 717 ✭✭✭Yeah Right


    A repeat offender in this country can get a suspended sentence for assaulting someone. For actually harming someone physically & probably psychologically.

    …….


    Its a real slap in the face for people who have say been the victims of violent crime, seen the criminal justice system do SFA for them only to watch someone get 10 months for threatening to send photos.

    This is a frankly dangerous POV for you to hold, and part of the reason why the sentencing in this case is so severe, I reckon, is to drive home that your viewpoint is completely out of kilter with the rest of society.

    You are <this> close to admitting you don't think 'revenge porn' is or should be a crime. You're downplaying what this scumbag did and minimising the impact on the victim because you apparently think that, unless she got a box in the nose, no harm was done. No real harm, anyway.

    It is ironic that you're bemoaning the psychological impact on one victim while completely whitewashing the psychological impact on another.

    A number of people, including yourself, seem to think that this guy pretty much did no wrong. that until he actually sends the stuff on, he's committed no crime. Someone even called it a "flippant remark while drunk" earlier. That it is 'only words' and punishing 'thought crimes' is dystopian. If someone pulled a knife on you and told you to do X or they were going to stab you in your stomach, would you still hold the same opinion? I mean, it's only words, right? Until he's stabbed you, he's not committed any crime, right?





  • Very good point… any sane person would think that ..

    But then you have all the ppl strongly against hate crime (nothing wrong with that at all), but maybe they are biased because they experienced it or know somebody who did etc.

    They misinterpret points ppl try to make, and fixate on words like thoughtcrime etc..



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


    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 868 ✭✭✭purifol0


    Yeah I don't have a problem with that. It's the "omg she's a slut" part I take issue with. It's not the 90s anymore. Kids with camera phones are taking and sending pics and ten years of online dating have increased promiscuity to the point that is now the norm.

    Oh and I'd also like to concur with the whole "sentencing is never consistent" opinion.



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


    I have no issues with people having these photos but not everyone wants them shared across the globe or their neighbourhood.

    ... and just to be clear, I don't think the majority of people have any photos like these.



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