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Thread: Frivolous appeals and what can be done about them

  1. #1
    Politics.ie Member Sync's Avatar
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    Default Frivolous appeals and what can be done about them

    So we have the case of 2 spanners who raced a Porsche and BMW at 140 kmph on public roads on Christmas Day. The judge gives them 2 months jail each.

    The 2 boyos are now appealing on the basis that the sentence is too severe. No point of law question, no doubts around guilt.

    So if they lose this case, should the state really pay for appeals if the only grounds of appeal is the severity of sentence? It seems ridiculous. "The law is right, the decisions right, I just don't like the sentence".

    Independent.ie Mobile News | top-stories - Independent.ie

    The two men appeared before Judge Aeneas McCarthy at a special sitting of Limerick district court last week.

    The court heard that motorists on the N21 had to take evasive action when the accused raced each other between Newcastle West and Rathkeale, Co Limerick shortly after 3pm on December 25.
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    Politics.ie Member statsman's Avatar
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    Quote Originally Posted by Sync View Post
    So we have the case of 2 spanners who raced a Porsche and BMW at 140 kmph on public roads on Christmas Day. The judge gives them 2 months jail each.

    The 2 boyos are now appealing on the basis that the sentence is too severe. No point of law question, no doubts around guilt.

    So if they lose this case, should the state really pay for appeals if the only grounds of appeal is the severity of sentence? It seems ridiculous. "The law is right, the decisions right, I just don't like the sentence".

    Independent.ie Mobile News | top-stories - Independent.ie
    Automatic doubling of the sentence if the appeal is lost would sort it out sharpish.
    Put a thief among honest men and they will eventually relieve him of his watch. Flann O'Brien

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    Quote Originally Posted by statsman View Post
    Automatic doubling of the sentence if the appeal is lost would sort it out sharpish.
    Snap, Jesus you are quick this morning.

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    Politics.ie Member greengoose2's Avatar
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    How did they procure the vehicles? I always associated badly ill treated horses with that crowd!

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    Politics.ie Member statsman's Avatar
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    Quote Originally Posted by bob3367 View Post
    Snap, Jesus you are quick this morning.
    Every dog has his day.
    Put a thief among honest men and they will eventually relieve him of his watch. Flann O'Brien

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    From the newspaper article:
    ...who had no previous convictions...
    Jail for a first offence? Isn't that a tad harsh?

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    There is a right to a right de novo hearing on appeal. It's quite simple. No point of law is required. Severity only appeals are quite common. The appeal judge can increase the sentence.

    Zoo?

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    Politics.ie Member greengoose2's Avatar
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    Quote Originally Posted by FakeViking View Post
    From the newspaper article:


    Jail for a first offence? Isn't that a tad harsh?
    That would depend on the crime committed, your honour!

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    Politics.ie Member statsman's Avatar
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    Quote Originally Posted by FakeViking View Post
    From the newspaper article:


    Jail for a first offence? Isn't that a tad harsh?
    Stealing two cars, reckless driving endangering lives, probably no licences, no insurance, quite likely under the influence; seems mild enough a sentence to me.
    Put a thief among honest men and they will eventually relieve him of his watch. Flann O'Brien

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    Quote Originally Posted by statsman View Post
    Stealing two cars, reckless driving endangering lives, probably no licences, no insurance, quite likely under the influence; seems mild enough a sentence to me.
    Where does it say they were stolen? I was under the impression that these guys are UK based, and drove their own cars? Could be wrong!

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