Is there something wrong with sentencing guidelines or with judges or both?

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mathepac

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Kieran Fogarty, from Hyde Road, Limerick "was on bail at the time of the crash for other offences and was forbidden to drive" when he killed journalism student Joe Drennan by driving through a red light at 122 kph and hitting the student who was at a bus stop.

Fogarty "received a six-and-a-half year sentence for dangerous driving causing death in October 2023 and an eight-year sentence for a drive-by shooting in June of the same year.

The sentences will run concurrently and are backdated to October 2023."

Mr. Drennan's family spokesperson said on RTE news that Fogarty got an eight-year sentence for shooting a wall and six-and-a-half years for killing her brother.

I think a life sentence with no remission, to run consecutive to the eight-year firearms and other offences should have been the minimum.

Why do judges not have to explain themselves face-to-face to families in cases like these? The family spokesperson said on the news that they plan on appealing the sentence. I hope they can and that they have deep pockets, God help them.

I heard nothing about the DPP's plans.

The bits in italics and quotes are from the RTE News website report.
 
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Judges seen to think, ironically, that they are above the law. The people through their Parliament make laws and impose sentencing guideline which Judges must follow except in the most extenuating of circumstances. The judges then ignore the will of the people.
 
Mr Drennan was returning home from his part-time job when Fogarty killed him. A promising young rising star had his life snuffed out by a man who in stark contrast refused to even heed his mother's pleas for him to "do the decent thing and hand himself in", according to the RTE report.

Deeply disturbing, a fact not reflected in the judge's sentencing.
 
mathepac said:
Judges are above the law. See here https://aji.ie/the-judiciary/removal-from-judicial-office/#:~:text=Article 35.4 of the Constitution,Éireann calling for his removal.
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Not quite the same thing. I think that separation of powers is a good thing. It would be bad if the government of the day could remove judges. My point is that they don't seem to think that they should operate within the law as it pertains to their job, certainly not within the spirit or intent of the law.
 
Ceist Beag said:
I have yet to hear anyone give a good rationale for concurrent sentencing.
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I agree. If you are involved in 5 armed bobberies and get caught each time you could spend decades in prison. If you get caught after you've been involved in all of them you'll probably spend the same amount of time in prison that you would if you'd just been involved in one of them.
 
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