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#1 16-04-10 14:48:15

mon
Verified Member
From: Lurgan Co.Armagh
Registered: 08-11-08
Posts: 418
Website

Judges get it right?


From Striving to Driving.....Lurgan Co.Armagh

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16-04-10 14:48:15

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Re: Judges get it right?




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#2 16-04-10 17:16:39

KevB
Verified Member
From: Amesbury
Registered: 06-06-08
Posts: 1,725
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Re: Judges get it right?

20 year ban is a bit much for drink driving. The circuit judge has effectively found him guilty of offences that 2 jurys could not reach agreement on, and sentenced him according to that rather than the offence he was in court for.

I sense an appeal in a Euro court is in the offing.

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#3 17-04-10 00:36:22

mon
Verified Member
From: Lurgan Co.Armagh
Registered: 08-11-08
Posts: 418
Website

Re: Judges get it right?

Hey Kevin I respect your opinion but this guy caused the deaths of a cop and a Fireman,a bit more serious than just drink/driving persay....


From Striving to Driving.....Lurgan Co.Armagh

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#4 17-04-10 00:50:47

KevB
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From: Amesbury
Registered: 06-06-08
Posts: 1,725
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Re: Judges get it right?

2 Jurys failed to see it that way.
I am NOT defending him. I don''t know if he killed them or wether he was in an accident that involved them, and if he was, if he was to blame for that accident.
What I do know is that an incident occurred. As a result of it, he was found guilty of drink driving by a circuit judge.
He was charged and not found guilty of causing death by 2 seperate jurys.

It seems to me that this circuit judge is attempting to over rule the higher court (that of a jury court) and punishing at a level not in keeping with normal sentencing guidelines for the actual offence the defendent was being presented for.

I'm all in favour of him going to prison for 20 years for causing death, let alone a driving ban for that period, IF he was found guilty of that offence, but he wasn't.

The punishment must fit the crime, and sadly the only offence proven against him is that of drink driving. 20 year ban without leave of appeal is just about the hardest term I've ever read about for drink driving, by a long way.

I suspect this circuit judge has over sentenced for the offence of drink driving, and as I said earlier, it is possible for that sentence to be changed, despite no leave of appeal.

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#5 17-04-10 06:24:09

ExAdiNigel
Member
From: Plymouth, Devon
Registered: 13-12-04
Posts: 4,739

Re: Judges get it right?

Hey Kevin I respect your opinion but this guy killed a cop and a Fireman,a bit more serious than just drink/driving persay....

He did?  Funny that he hasn't been convicted of that then isn't it.

Nigel


National Standards Cycling Instructor, Ex Adi

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#6 17-04-10 07:05:45

mon
Verified Member
From: Lurgan Co.Armagh
Registered: 08-11-08
Posts: 418
Website

Re: Judges get it right?

Really sorry guys,added another link to my original post with all the info of incident.I was thinking this guy was the one who deliberatley drove at a Cop who was beckoning for him to stop....on checking it is harsh alright...


From Striving to Driving.....Lurgan Co.Armagh

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#7 17-04-10 16:39:27

Stephen7738
Member
From: Warrington
Registered: 12-10-04
Posts: 305

Re: Judges get it right?

One minute we moan about sentencing being too lenient now we are moaning about it being too harsh, the judge's decision was right and fair under the circumstances.

He took two lives irrespective as to what the circumstances surrounding their deaths,it sounds to me that the jury could not decide as there must have been greay areas in part of the evidence for the crown to prove beyond all reasonable doubt,therefore a decision of undecided was returned as they could not reach the decision unanimously.

We are not a party to the whole of the evidence and the press are only giving their slant on it and as usual we are trying to decide or make decisions on minimal information, thank god the judicial system still has some redress in cases that can not be decided in court.

The one thing that we know is he has still got his life whilst the other two poor sods are 6 feet under and their families have lost loved ones,before you criticise think how you would feel if you where tasked to knock on the door of someone and tell them that there loved ones have had their lives taken with a drink driver,then later on tell them the only punishment that they can see is he will not drive for a long time.

Not much especially if you have to see the pain and hurt of the family during the early stages of the enquiry and the other side of the coin is that the ones involved are were serving colleagues from the emergency services.

All I would say get the whole story and facts before we try and defend what in my opinion is un defensible behaviour,pheww right got that off my chest,just my opinion which we are all entitled to.
Stephen   

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#8 17-04-10 21:38:57

Zipper
Verified Member
From: Darwin, Northern Territory Aus
Registered: 20-08-04
Posts: 2,690
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Re: Judges get it right?

Amen!


Zipper ("G'Day Mate!")
I'm not 65! I'm only $59.95+tax
www.drivingnt.com

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#9 17-04-10 21:55:58

ExAdiNigel
Member
From: Plymouth, Devon
Registered: 13-12-04
Posts: 4,739

Re: Judges get it right?

Perhaps he caused teh deaths, perhaps he didn't.  There didn't appear to be enough evidence to convict him of that so he was simply prosecuted for drink driving.  20 years ban is harsh for a drink driving offence.

Nigel


National Standards Cycling Instructor, Ex Adi

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#10 18-04-10 21:31:48

pegasus
Verified Member
From: north west
Registered: 25-02-05
Posts: 3,297

Re: Judges get it right?

Hi
Remember different countries different rules.
Perhaps that is a normal sentence over there.

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