Judge Martin Nolan

[Matlock]

While I agree that the independence of the judiciary is a very important concept I would still like some oversight and/or review process.

Review of what though?

His sentences are absolutely reviewable. The DPP can choose to do that at any time.

 

[Pooman]

Review of what though?

His sentences are absolutely reviewable. The DPP can choose to do that at any time.

I was thinking more along the lines of an analysis of sentencing to see if it is significantly out of the normal range. Not just him but all judges. Should result in more consistent sentencing while still allowing for the individual merits of each case to be taken into account.

 

[Matlock]

I was thinking more along the lines of an analysis of sentencing to see if it is significantly out of the normal range. Not just him but all judges. Should result in more consistent sentencing while still allowing for the individual merits of each case to be taken into account.

I think that would be a great idea. The office of the DPP should be able to do so, but afaik they haven't.

Perhaps the law reform commission could do it as well.

 

[Bennyton]

He's still at it here:

Former Department of Justice official avoids jail term for possessing child abuse material​

The 39-year-old was handed a fully suspended prison sentence.

Link


A man who had over 1,700 images of child abuse material in his possession has been told by a judge that he should be “appropriately ashamed” for his actions.

Link

Man who masturbated in front of four children given suspended sentence​

Link

Man (23) given three-year suspended sentence after defiling girl (15)​

Link

Driver who caused death of young French tourist in Dublin gets suspended sentence​

Shaun Kelly (33) later admitted he was in the area at the time for the purpose of selling drugs​

Link

And again this week:

Man given suspended sentence after being found with over 10,000 child sex abuse images​

In a ruling today, Judge Martin Nolan said that Grycuk has demonstrated insight and remorse into his offending.

Link



Question for our resident legal eagle Matlock, is there any way for a layman to raise a complaint about a judge?

I see the headline article and I know what judge it is before I open the article.

Say Nolan shows up with a laptop chock full of child porn, doesn't that bring all of these judgements into disrepute again?

I've noticed this trend going for way over a decade, surely someone high up would have spoken up by now?

 

[Bennyton]

Jesus, more of it here:

Sign the Petition

Judge Martin Nolan resignation

www.change.org

50,000 signatures

 

[Matlock]

He's still at it here:

Former Department of Justice official avoids jail term for possessing child abuse material​

The 39-year-old was handed a fully suspended prison sentence.

Link


A man who had over 1,700 images of child abuse material in his possession has been told by a judge that he should be “appropriately ashamed” for his actions.

Link

Man who masturbated in front of four children given suspended sentence​

Link

Man (23) given three-year suspended sentence after defiling girl (15)​

Link

Driver who caused death of young French tourist in Dublin gets suspended sentence​

Shaun Kelly (33) later admitted he was in the area at the time for the purpose of selling drugs​

Link

And again this week:

Man given suspended sentence after being found with over 10,000 child sex abuse images​

In a ruling today, Judge Martin Nolan said that Grycuk has demonstrated insight and remorse into his offending.

Link



Question for our resident legal eagle Matlock, is there any way for a layman to raise a complaint about a judge?

I see the headline article and I know what judge it is before I open the article.

Say Nolan shows up with a laptop chock full of child porn, doesn't that bring all of these judgements into disrepute again?

I've noticed this trend going for way over a decade, surely someone high up would have spoken up by now?

In order for it to be a trend for Nolan, you would need to show that his sentencing on these cases is out of kilter with the judicial norm. I have yet to see any evidence that it is.

It may well be, but quoting cases of him giving lenient sentences does not, in itself, prove that. That's why a general sentencing review would be useful.

I will say that in general when a judges sentencing is out of kilter it is usually picked up by a glut of appeals, either by the DPP or defendants. That happened with Judge Pattwell, for example. The DPP don't seem to be appealing his decisions on a regular basis though. The IT had an article that stated that roughly 1 in 40 of his decisions were appealed by the DPP and roughly the same were appealed by Defendants.

 

[Matlock]

In relation to your question of can you complain about a Jusge. Not unless you are impacted by their decision. Same as any other job, tbf.

 

[thomàs anderson.]

What happened with Patwell? I was in his court on several occasions as the victim of a crime and I do remember him being a right prick over the smallest of infringements

 

[fed up]

It can be hard for us laymen to understand sentences at times, but this lad stretches the boundaries of compassion to the limits.

Murderers rapists and paedophiles should get none.

 

[Matlock]

What happened with Patwell? I was in his court on several occasions as the victim of a crime and I do remember him being a right prick over the smallest of infringements

He would routinely sentence people over and above the norm, and on occasion even over what he was allowed to sentence on the offence. As a result, loads and loads of his convictions would have to be appealed on severity and it completely clogged up the circuit court lists. Like there would be whole days of circuit court appeals in Mallow just dedicated to dealing with his lists.

He had a rule that if you didn't plead guilty on the first day in court he wouldn't give the probation act. Regardless of whether the offence merited it or not. I had a client due in court over a tiny thing (an offence that would always get the probation act on first offence). Client's mother died and the funeral was the day of court so I went and explained it to Judge Pattwell who was very understanding and put it back a week. In the next week to plea and Patwell gave him a conviction because "my rule is no adjournments. You made the choice to go to the funeral rather than be here".

That guy got the probation act, and an apology, from a circuit court judge. It was still entirely unnecessary stress and expense for everyone though.