Tag Archives: Sentencing

Former Irish Times sports journalist Tom Humphries

Conor Gallagher, in The Irish Times, reports:

Former Irish Times sports journalist Tom Humphries will be sentenced next month for the sexual exploitation and defilement of a child.

The 54-year-old pleaded guilty to the offences last March but could not be publicly named on that date because he was facing trial for further sexual offences.

This morning those charges were dropped by the Director of Public Prosecutions. Humphries was present in court for the short hearing.

Tom Humphries to be sentenced for sexual exploitation, defilement of child (The Irish Times)

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Former director of finance at Anglo Irish Bank Willie McAteer outside the Circuit Criminal Court in Dublin in 2014

Further to former Anglo Irish Bank director of finance Willie McAteer pleading guilty to fraudulently obtaining a loan for more than €8m from the bank on September 29, 2008.

RTE reports:

Former director of finance at Anglo Irish Bank Willie McAteer has been sentenced to two-and-a-half years for fraudulently obtaining a loan of more than €8m from the bank in September 2008.

The sentence will run concurrently with the three-and-a-half year sentence McAteer is already serving for his part in a €7.2bn conspiracy to defraud, by misleading people about the true health of Anglo.

…On 29 September 2008, Anglo’s share price fell so low that Bank of Ireland was entitled to sell McAteer’s shares without notice.

McAteer informed Anglo that the bank was concerned that the sale of so many shares by a director of Anglo could have had a catastrophic effect.

Anglo decided to give McAteer a loan of more than €8m to pay off Bank of Ireland.

The court heard McAteer did not seek it and did not devise its terms but accepted the loan.

McAteer sentenced to 2.5 years for loan fraud (RTE)

Previously: A €3,000 Fine

Sasko Lazrov/Rollingnews

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From top: Former Anglo Irish Bank executive Willie McAteer; former chief executive of Irish Life and Permanent, Denis Casey; and former Anglo Irish Bank executive John Bowe on their way into the Circuit Criminal Court in Dublin this morning

Judge Martin Nolan sentenced three former bank executives at Dublin Circuit Criminal Court this morning for their part in a €7.2bn conspiracy.

Former Anglo Irish Bank executive John Bowe was sentenced to two years; former Anglo Irish Bank executive Willie McAteer was sentenced to three and a half years; and the former chief executive of Irish Life and Permanent, Denis Casey, was sentenced to two years and nine months.

The three men were found guilty last month of conspiring together and with others to make Anglo Irish Bank’s balance look like it had €7.2 billion more than it had – in order to mislead investors.

Orla O’Donnell, on RTÉ’s Today with Seán O’Rourke, reported on this morning’s sentencing.

She said:

He [Judge Martin Nolan] said this was a very serious conspiracy, a conspiracy on the public, on anyone who was looking at these accounts. He said people were entitled to rely on these accounts. He said he believed the starting point for prison sentences was eight years in this case.”

“Now he did say there was a lot of very good mitigation put forward, on behalf of the men. He spoke about the fact that this took place in the context of a dysfunctional financial market, the men didn’t gain any direct profit from their crime, they were acting in the best interest of their companies… they had very good mitigation in terms of people giving character references for them.”

“They were family men. They had all endured a lot of stress, a lot of criticism from the public since these events had happened. But, at the same time he said, that this was a very serious offence and he had to impose a prison sentence.”


Three former bank executives sentenced over €7.2bn conspiracy (RTE)


 Retired judge Barry White

Justice Barry White, who retired from the Central Criminal Court last week, spoke to Seán O’Rourke on RTÉ Radio One this morning.

During the interview, Justice White said he believed there should be a minimum sentence of 14 years for knife crime, instead of the current average of seven to nine years.

They later talked about sentencing in the case of rape and refer to a rape trial Justice White presided over in February, in which he imposed a seven-and-a-half year sentence, with three-and-a-half years suspended, on developer Thomas Egan of Cahermurphy, Kilmihil, Co Clare for the rape of a Brazilian woman. 

At the time of the sentencing, Justice White commented that the woman was “more interested in compensation rather than anything else”.

From the interview:

Seán O’Rourke: “And what about, say, a rape sentence then? For somebody who has perpetuated a rape? You seem and, again without going into individual cases, to have varied the sentences that you would have imposed in those ones.”

Barry White: “You have to look at the particular circumstances of the act of rape. There can be some very violent ones, there can be less violent ones. So that’s a factor that you have to take into account. And you also have to take into account the position of the individual, who has committed that offence.”

O’Rourke: “In other words, the efforts they have made maybe to make restitution or what? I mean, is it not just a cut and dry situation – if a man rapes a woman, there should be a certain minimum sanction?”

White: “Well, I mean the Court of Criminal Appeal, I don’t think it was the Court of Criminal Appeal, I think it was the Supreme Court who said their must be an immediate and substantial sentence imposed in the case of rape.”

O’Rourke: “Yes, but it can be as low as what? Sometimes, what? Four or five years? Some of that suspended?”

White: “It can be. And there are other matters in which it is, it’s sometimes been extended up as far as perhaps 14 or 15 years. Indeed I think my colleague Paul Carney might have imposed life.”

O’Rourke: “And I think there might be one particular case where you imposed a sentence in which the Rape Crisis Centre considered to be insufficient and they talked about the need for judges to be trained and educated and they were happy to provide such training. How would you respond to something like that?”

White: “How would I respond to that? Well, the first thing I would say, that particular case was one in which I took a view that, on the victim impact report, or statement, and the victim seemed to have a considerable interest in compensation for the offence. She was a non-national. And, afterwards, the Rape Crisis Centre, commented that sort of that was the approach in her particular country. Now, certainly, that was something that I was not aware of but neither, apparently, were the prosecuting authorities and whether it is correct or not, I do not know. I don’t believe that judges need training in relation to sentencing, in cases of a sexual nature. There may be judges who are inexperienced in dealing with crime, who find themselves sitting in the Central Criminal Court, from time to time, but most judges who sit in the Central Criminal Court have had long criminal experience, have had substantial criminal practices over protracted period of time. And they are fully aware, as to the parameters within which a sentence should be imposed.”


O’Rourke: “I think again, there was a, the Rape Crisis Centre was quite exercised I think  by your suggestion that a victim, and perhaps I think it was even the same one that you were talking, that we were talking about a few moments ago, that you didn’t believe the victim had suffered a profound, psychological effect. Is that something, judge, that should, or ought to, affect the sentence?”

White: “Well, as I say, the effects of the crime on the individual, on the victim, is something that you have to bear in mind, you have to take into consideration. And if you think that somebody is trying it on, and is seeking to influence you, adversely, from the point of view of the accused, and in favour of a heavy sentence, you must just have regard to that and you say, ‘No, sorry, I’m not going to wear this, I’m not going to have a situation in which somebody is seeking to influence me in a manner in which I should not be influenced’.”

O’Rourke: “But on the other hand is it not the objective act itself, the objective crime that should carry the sentence and that that’s what should attach the weight, as opposed to the impact, I mean some people are stronger than others, they will survive, maybe more readily than others. That’s understandable but why should that individual see a lesser sentence opposed on the perpetrator.”

White: “They’re not seeing a lesser sentence imposed on the perpetrator. A judge is looking at the hard cold facts of the act itself and, as I say, the nature of rape can vary greatly. There can be very violent ones and there can be less violent ones. I mean rape is a crime of violence and you can’t say it isn’t a violent offence. But there are parameters or degrees of gravity  and then these are matters that have to be taken into account. And if you consider, on the acts that you have heard and that the jury has heard, that it is a particular class of rape, from the point of view of determining where it might lie on the spectrum of gravity, then you must view it from that point of view. And a victim should not be subject to seeking, in the circumstances, to say, ‘No, no, this isn’t one that fits into the middle range, this is one that fits at the very top end of the range’.”

O’Rourke: “So there is that element of nuance there, in the way you will listen and assess?”

White: “Yes.”

Listen back in full here

Listen to clip of full interview here

Previously: A Limerick A Day

Related: No judges accept offer of Rape Crisis Centre training (RTÉ)


90269032Anthony Lyons

…the Court of Criminal Appeal ruled that the original sentence for a violent sexual assault of 6 months – 6 years with 5 1/2 suspended – was unduly lenient. The three judge court led by former Chief Justice John Murray ruled that the trial judge had attached undue weight to the totality of mitigating  factors.

Anthony Lyons to return to prison immediately (Independent.ie)

Previously: “Money Talks”

Handed Down By His Honour Judge Desmond Hogan

[From top: Former Finance Director of Anglo Irish Bank, Willie McAteer, and former Managing Director of Anglo Irish Bank, Pat Whelan, arriving at the Dublin Circuit Criminal Court this morning for their sentencing. On April 17, they were both convicted of giving illegal loans to ten property developers, known as the Maple 10, to buy shares in the bank in 2008]

Anglo sentencing hearing resumes (RTÉ)

Previously: ‘I Imagine There Will Be An Appeal’

Leon Farrell/Photocall Ireland

Legal reaction to sentencing by Mr Justice Paul Carney which saw a 72-year-old sex offender walk free from court on Monday has been mixed. Patrick O’Brien from Bray, Co Wicklow, was sentenced to 12 years with nine suspended for raping and sexually assaulting his daughter, Fiona Doyle, over a nine-year period, but was released on continuing bail pending an appeal.

In passing sentence, Mr Justice Carney noted that in another judgment, the Kennedy case in 2008, the Court of Criminal Appeal suspended a moderate sentence imposed on the basis of the health of the accused.

He said that in that judgment he was “horrified” to find the Director of Public Prosecutions, “behind my back, saying it’s a matter of indifference” whether the accused served a prison sentence or not.

He said he believed he was taking a moderate position by imposing a sentence of 12 years for the rape charges, along with concurrent sentences of three years for the indecent assault.

Barrister Paul Anthony McDermott said Mr Justice Carney may have felt the Kennedy case “somehow tied his hands”.

He said the sentence showed the judge felt the law was “uncertain” when “dealing with elderly, very sick defendants who nonetheless have committed very serious crimes”.

An ass.

That’s what the law is.

Previously: Judge Of The Day

Trial judge ‘may have felt hands tied’ (Joanne Hunt, Irish Times)