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PostPosted: Sun Dec 10, 2017 6:06 pm 
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anonymous_joe wrote:
earl the beaver wrote:
anonymous_joe wrote:
Ankle breaks are pretty expensive tbh. It's one of the slowest injuries to recover fully, if it will. Likelihood would be permanent inability to stand, walk or run properly. Not surprising you see high damages.

It may well get knocked on appeal.

Aye it's what 8 weeks off work, an estimated annual salary 682k for a manual labourer.

8 weeks off work for a badly fractured ankle...? :lol:

Given he lived in a council house I doubt he even worked.

Príck.


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PostPosted: Sun Dec 10, 2017 6:09 pm 
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http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/b4b0a27e6bc5ce59802581ec00547fdd?OpenDocument

Quote:
8. The plaintiff stated he spent most of his working life as a building labourer, doing paving work on roads and footpaths in the U.K. He returned to Ireland in May, 2004. He was allocated the property at 1 McNeill Drive, Cranmore, Sligo by the defendant. He had been unemployed for a number of years prior to the accident.


There you go. It's quite difficult to get a council house when employed, old boy.


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PostPosted: Mon Dec 11, 2017 11:03 pm 
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RTE calling them out, be interesting to see what happens next.


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PostPosted: Mon Dec 11, 2017 11:30 pm 
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I'm surprised by the lack of interest


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PostPosted: Mon Dec 11, 2017 11:35 pm 
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Weak finish though.


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PostPosted: Mon Dec 11, 2017 11:41 pm 
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It's the District Court. It's overworked and a mess. The usual point to make is that we have the lowest number of judges in the OECD and therefore things aren't given anywhere near the time you'd want to actually tease out cases.


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PostPosted: Mon Dec 11, 2017 11:44 pm 
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Except that's not strictly true, quelle surprise.


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PostPosted: Tue Dec 12, 2017 12:01 am 
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Eh? We've the lowest number per capita in the OECD, even factoring in the lower numbers for common law countries.


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PostPosted: Tue Dec 12, 2017 12:12 am 
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anonymous_joe wrote:
Eh? We've the lowest number per capita in the OECD, even factoring in the lower numbers for common law countries.

:lol: :lol:

One of these things is not like the other...........


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PostPosted: Tue Dec 12, 2017 12:31 am 
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Common law jurisdictions have fewer judges than civil law jurisdictions. And we#ve the lowest of the common law jurisdictions.


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PostPosted: Tue Dec 12, 2017 12:36 am 
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anonymous_joe wrote:
Common law jurisdictions have fewer judges than civil law jurisdictions. And we#ve the lowest of the common law jurisdictions.

How about judges per $, or € of salary ?


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PostPosted: Tue Dec 12, 2017 12:40 am 
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No idea tbh. Albeit the OECD noted we spend one of the lowest proportions of the budget of our Courts Services on salaries of any equivalent body.


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PostPosted: Tue Dec 12, 2017 12:42 am 
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AJ, could you explain to me as you would a mildly retarded child what the difference is between civil and common law?


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PostPosted: Tue Dec 12, 2017 12:58 am 
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Ha.

Civil law is generally found in continental Europe or its colonies. It is mostly based upon updates to Roman law, generally the Code Napoleon. It sets out extensive statutes that govern almost every element of life. Furthermore, it has a very active (and expensive) state magistracy system that takes a comprehensive role in cases. As such, civil law jurisdictions will often have very high numbers of judges, as judges aren't the same thing as we understand them to be. Also, as they have no juries, tribunals may have multiple sitting judges/magistrates.

Common law arises from the Normans and is only found in Britain and its ex colonies. The roots of the law, as in civil law, are generally Roman law married to the Judeo-Christian tradition, but the fundamental difference is that statutes in common law designed to offer guidance to judges, and are generally supplemented by case law, meaning the system tends to be more flexible and evolves with more fluency. There are fewer judges and lawyers do more of the advocacy, etc.


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PostPosted: Tue Dec 12, 2017 1:00 am 
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:thumbup:

Is one better than the other, or is it 6 of one...?


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PostPosted: Tue Dec 12, 2017 2:37 pm 
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https://www.irishtimes.com/news/crime-a ... -1.3324398
Did the Judge make bollíx of this.


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PostPosted: Tue Dec 12, 2017 5:50 pm 
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Nolanator wrote:
:thumbup:

Is one better than the other, or is it 6 of one...?

Hard to assess really. It's quietly accepted that the quality of advocacy is better in those common law countries that retain advocates, as most civil law advocates ended that distinction over the 20th century.

In practical terms though, the Brits have the most respected justice system in the world. New York has a very well respected one too. Both are common law. It's felt that civil law is a bit too fastidious for commercial efficiency to be a priority.


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PostPosted: Tue Dec 12, 2017 6:18 pm 
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No it’s more that those Supreme Court judges are so far up their own arses that they’ve ended up making a terrible decision. A bad day for justice.


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PostPosted: Thu Dec 14, 2017 2:16 pm 
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Now that is some seriously top judging.

https://m.independent.ie/entertainment/ ... 08126.html

It’s getting a bit dusty in here.
Well played.

:thumbup:


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PostPosted: Fri Dec 15, 2017 10:37 am 
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Out on bail at the time. Well done judge. :roll:

This is a horrific crime on a vulnerable old man who it looks like they completely set up with an inside job.

They deserve 15-20 years IMO but let’s see if they even get five.

https://independent.ie/irish-news/revea ... 10785.html


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PostPosted: Fri Dec 15, 2017 11:33 am 
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Flametop wrote:
Out on bail at the time. Well done judge. :roll:

This is a horrific crime on a vulnerable old man who it looks like they completely set up with an inside job.

They deserve 15-20 years IMO but let’s see if they even get five.

https://independent.ie/irish-news/revea ... 10785.html

The IT reporting that the victim previously tried to help the criminal and recognised him which is how the Gardai apprehended him so quickly.

Scumbags.


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PostPosted: Fri Dec 15, 2017 12:35 pm 
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camroc1 wrote:
Flametop wrote:
Out on bail at the time. Well done judge. :roll:

This is a horrific crime on a vulnerable old man who it looks like they completely set up with an inside job.

They deserve 15-20 years IMO but let’s see if they even get five.

https://independent.ie/irish-news/revea ... 10785.html

The IT reporting that the victim previously tried to help the criminal and recognised him which is how the Gardai apprehended him so quickly.

Scumbags.


I wonder where it was in Terenure?

I know a serious scrote that is often rough sleeping around the KCR, he was the first person who came to my mind when I read about this.


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PostPosted: Fri Dec 15, 2017 12:38 pm 
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In the old days Lugs would make sure that a toe rag like that wouldn’t be physically able to commit a crime like that again and too scared to try it even if he was.

Can we really say that our current “system” is more ethically correct?


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PostPosted: Fri Dec 15, 2017 4:22 pm 
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Am I right in saying that despite the fact that the man was assaulted and kidnapped from his own home over a 8-10 hour period, the most these pieces of shît are going to be charged with is burglary?

https://independent.ie/irish-news/court ... 11476.html


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PostPosted: Fri Dec 15, 2017 4:35 pm 
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Bullettyme wrote:
camroc1 wrote:
Flametop wrote:
Out on bail at the time. Well done judge. :roll:

This is a horrific crime on a vulnerable old man who it looks like they completely set up with an inside job.

They deserve 15-20 years IMO but let’s see if they even get five.

https://independent.ie/irish-news/revea ... 10785.html

The IT reporting that the victim previously tried to help the criminal and recognised him which is how the Gardai apprehended him so quickly.

Scumbags.


I wonder where it was in Terenure?

I know a serious scrote that is often rough sleeping around the KCR, he was the first person who came to my mind when I read about this.


Wainsfort


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PostPosted: Fri Dec 15, 2017 5:44 pm 
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Duff Paddy wrote:
Wainsfort


Yeah saw that, not too far from the auld homestead. Aunt used to live in the same little estate. Needs a clicker or key to get into iirc.


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PostPosted: Fri Dec 15, 2017 6:52 pm 
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You know it's unconstitutional to refuse somebody bail, right? Hence it only being allowed in very limited circumstances.


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PostPosted: Fri Dec 15, 2017 7:28 pm 
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anonymous_joe wrote:
You know it's unconstitutional to refuse somebody bail, right? Hence it only being allowed in very limited circumstances.


Well, that's bonkers right there. Is there any will to change it?


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PostPosted: Fri Dec 15, 2017 9:28 pm 
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CM11 wrote:
anonymous_joe wrote:
You know it's unconstitutional to refuse somebody bail, right? Hence it only being allowed in very limited circumstances.


Well, that's bonkers right there. Is there any will to change it?

You think innocent until proven guilty is nonsense?


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PostPosted: Fri Dec 15, 2017 10:35 pm 
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anonymous_joe wrote:
CM11 wrote:
anonymous_joe wrote:
You know it's unconstitutional to refuse somebody bail, right? Hence it only being allowed in very limited circumstances.


Well, that's bonkers right there. Is there any will to change it?

You think innocent until proven guilty is nonsense?


I think that if you're a career criminal and there's enough evidence that you've committed another crime it's not amoral to ask you to wait behind bars while you attempt to prove your 'innocence'.

Obviously a judge shouldn't be allowed refuse bail just because someone is a career criminal but I find it slightly abhorrent that someone with a decent amount of evidence against them and a history of crime can be allowed free and able to commit more crimes.


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PostPosted: Fri Dec 15, 2017 10:38 pm 
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I think everybody is entitled to due process and a speedy trial.
I think in this case bail is not appropriate and if all the paperwork is in order the case should be called by 2040 at the latest.


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PostPosted: Sat Dec 16, 2017 2:08 pm 
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What's a career criminal?

The reality is, bail is a constitutional right. The only way to stop people offending on bail is to have trials more quickly. Which would require much greater resourcing of an already overburdened court system.


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PostPosted: Sat Dec 16, 2017 2:13 pm 
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anonymous_joe wrote:
What's a career criminal?

The reality is, bail is a constitutional right. The only way to stop people offending on bail is to have trials more quickly. Which would require much greater resourcing of an already overburdened court system.


Why is a right? Rights come with responsibilities.


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PostPosted: Sat Dec 16, 2017 2:21 pm 
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anonymous_joe wrote:
What's a career criminal?

The reality is, bail is a constitutional right. The only way to stop people offending on bail is to have trials more quickly. Which would require much greater resourcing of an already overburdened court system.

What article/clause, or is this a Supreme Court interpretation ?


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PostPosted: Sat Dec 16, 2017 2:22 pm 
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anonymous_joe wrote:
What's a career criminal?

The reality is, bail is a constitutional right. The only way to stop people offending on bail is to have trials more quickly. Which would require much greater resourcing of an already overburdened court system.


Well, we could change the constitution....

And you know what a career criminal is but of course it would have to be defined. I reckon if you're convicted of more than a couple of crimes against a person and the evidence is strong enough, bail should be refused.


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PostPosted: Sat Dec 16, 2017 2:23 pm 
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CM11 wrote:
anonymous_joe wrote:
What's a career criminal?

The reality is, bail is a constitutional right. The only way to stop people offending on bail is to have trials more quickly. Which would require much greater resourcing of an already overburdened court system.


Well, we could change the constitution....

And you know what a career criminal is but of course it would have to be defined. I reckon if you're convicted of more than a couple of crimes against a person and the evidence is strong enough, bail should be refused.


Followed by a life sentence.


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PostPosted: Sat Dec 16, 2017 2:26 pm 
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The good news is that both the perps/suspects have been given free legal aid.
I was worried about that for a while.


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PostPosted: Sat Dec 16, 2017 2:27 pm 
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Dev had no problem with the state interning people without trial for long periods of time - I doubt anyone at the time gave a shit about bail conditions in the thirties.

I also suspect that even the Judge made law is not open ended, and does not apply if there is good reason to suspect an accused will flee the country, commit another crime or interfere with witnesses if granted bail, and that AJ is being ever so slightly disingenuous.


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PostPosted: Sat Dec 16, 2017 3:21 pm 
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CM11 wrote:
anonymous_joe wrote:
What's a career criminal?

The reality is, bail is a constitutional right. The only way to stop people offending on bail is to have trials more quickly. Which would require much greater resourcing of an already overburdened court system.


Well, we could change the constitution....

And you know what a career criminal is but of course it would have to be defined. I reckon if you're convicted of more than a couple of crimes against a person and the evidence is strong enough, bail should be refused.

No you can't because it'd still offend the ECHR. Making it pointless.

Cam - due process includes innocent until proven guilty. If you've a problem with that, start preparing for your necessary fascist coup.


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PostPosted: Mon Dec 18, 2017 2:14 pm 
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http://www.thejournal.ie/traveller-men- ... 8-Dec2017/

Quote:
FOUR TRAVELLER MEN were compensated €6,000 each after being refused service in a bar in Maynooth.

The members of the Traveller community were denied service and told that only regulars were being served on the night in question.

The group had been attending a human rights course when they had decided to go for a drink to a nearby pub.

The individuals involved applied jointly to the District Court for redress under the Intoxicating Liquor Act 2003 with legal representation provided to the group by the Irish Human Rights and Equality Commission.

The matter was settled before hearing, with agreement from the licensed premises to pay €6,000 compensation to each of the individuals, plus a further €500 payment to each, to be donated to a charity of their choice.

A further condition of the settlement was that the staff involved attend a course of equality training.

Chief Commissioner of the Irish Human Rights and Equality Commission Emily Logan stated:

The Commission welcomes this legal settlement, and the clear message it sends that discrimination in private services, including licensed premises is not acceptable and can be challenged.
Recent research by the ESRI has shown that Travellers continue to experience very high levels of discrimination and are over 22 times more likely to experience discrimination in Ireland in private services.


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