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Teen who stamped on schoolboy's head gets suspended sentence

He also punched the boy’s friend.

A 17-YEAR-old Dublin boy who stamped on a schoolboy’s head, leaving him with a fractured nose and cheek, in a mistaken identity attack has received a three year suspended sentence.

The youth, who cannot be named as he is a minor, pleaded guilty at Dublin Circuit Criminal Court to assaulting a teenage male causing him harm in Dublin on July 13, 2014.

The 17-year-old has no previous convictions.

“Sorry bro, wrong person”

Garda Mark Nolan told Derek Cooney BL, prosecuting, that the school acquaintance had been walking home with another friend after watching the World Cup football final that evening.

The 17-year-old approached in a group, punched the friend and then kicked the schoolboy in the head as he lay on the ground trying to protect himself during the scuffle.

The court heard that one of the 17-year-old’s group then approached the injured party and said: “Sorry bro, wrong person”.

The injured party was treated for a nose fracture and two cheek fractures in hospital. He described his confidence as being knocked and said he was constantly on edge, but did not see himself as a victim.

George Burns BL, defending, said that his client had €5,000 as a token of his remorse in court.

Letter of apology

Judge Patrick McCartan handed the 17-year-old the letter of apology he had written to the injured party and ordered him to read it aloud in court.

Once the boy had finished, the judge asked the injured party what he thought, to which the teenager replied: “It’s probably the best I’m going to get”. The injured party said he was happy to accept the money.

Judge McCartan commented: “It’s not half enough, mind you”.

The judge described the attack as “appalling” and “cowardly” and told the 17-year-old:

You put (the injured party) within an ace of very, very serious injury. I don’t know what possessed you.

He said he would not impose a custodial sentence as the boy had never been in trouble before.

Read: Six family members kicked off bus lose defamation claim>

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60 Comments
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    Mute john Appleseed
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    Dec 1st 2015, 5:55 PM

    Attack a child for absolutely no reason and receive absolutely no punishment? Joke

    704
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    Mute Dean Anderson
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    Dec 1st 2015, 7:07 PM

    If the judge had of sentenced this thug to even 3 months in jail he’d appeal and he’d be successful. I dread the day I ever end up getting my head licked on and have to sit in a courtroom watching an overpaid prat in horsehair sending my attacker free and laughing out the door of the court. Our judges are a sick disgrace and a shame to this nation

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    Mute Keith D'Arcy
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    Dec 1st 2015, 7:23 PM

    He probably would have got a custodial sentence were it not for the 5,000 tokens of remorse.

    95
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    Mute Carlovian77
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    Dec 1st 2015, 8:15 PM

    Unfortunately in this country when you go to Court you get the law – people should no longer be fooled into thinking they will ever get justice which is disgraceful really. While it states in the article the culprit was never in trouble before I’d imagine it’s incorrect. Juvenile thugs are given so many blasted chances through the Youth Diversion Programme that by the time they are actually before the Court they’re well versed in how to play the system – I’d imagine he was forced/advised to write his pathetic letter of apology knowing it would be used in mitigation. I don’t know what it’s going to take before victims start getting justice in this country. While I don’t believe in draconian measures, I certainly believe the punishment should fit the crime.

    79
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    Mute lavbeer
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    Dec 1st 2015, 8:19 PM

    Maybe he should have been repeat the kicking on his parents ? We need to start setting an example.

    Had a recent incident of bullying. The bullies basically walked. Some of the parents were horrified – hopefully will work to a solution. Others just dimissed it as their kids wouldn’t do such a thing. Well they bloody did. My kid wasn’t a victim thankfully. But had she been should I tackle the root cause or their offspring?

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    Mute Deborah Behan
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    Dec 1st 2015, 8:40 PM

    So his parents could afford to offer €5,000 to get him off. If he was poor he would be in jail. He should be in jail and given the compensation. Thug.

    55
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    Mute birdseye
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    Dec 1st 2015, 9:03 PM

    Not just to attack a child but to stamp on his head….. The epicentre of the body….. Unreal

    50
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    Mute Chris Mcdonnell
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    Dec 1st 2015, 10:08 PM

    Spend the €5000 on getting him the beating of life. No justice in this country once again, the judicial only care about money nothing more nothing less

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    Mute dominic
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    Dec 1st 2015, 10:12 PM

    Indeed but more a downright travesty!

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    Mute Leadóg Hackett
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    Dec 1st 2015, 5:54 PM

    At this stage what’s the point in going to court?

    367
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    Mute Paul Fahey
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    Dec 1st 2015, 6:01 PM

    There really does need to be an official review into the use of suspended sentences at this stage.

    248
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    Mute Lolo
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    Dec 1st 2015, 5:56 PM

    WTF. “The boy” is 17. Old enough to know what he did was absolutely disgraceful and could have caused life changing inujuries (or worse) Having no previous convictions also doesn’t mean he’s not a little toe-rag who needs to learn a hard lesson!

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    Mute Karen Marten
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    Dec 1st 2015, 8:36 PM

    I 100% totaly agree LoLo. he should have been made an example of for his gbh if that was uk they would not have let him off dosent matter if he had no previous once is too much. I d take matters into my own hands if that was done to my boys

    39
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    Mute Karen Marten
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    Dec 1st 2015, 8:43 PM

    And the parents should be so proud of their little shot he cant be named to protect him from getting the same treatment that he deserves

    25
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    Mute Al Ca
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    Dec 1st 2015, 6:03 PM

    Kicking some one in the head should be classed as attempted murder.

    229
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    Mute Clare WithTheHair ™
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    Dec 1st 2015, 5:59 PM

    What a waste of court time, this crime is too severe to not receive a prison sentence.

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    Mute leon James.
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    Dec 1st 2015, 6:00 PM

    These Judges are an absolute fcking disgrace.

    188
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    Mute Nigel Healy
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    Dec 1st 2015, 5:58 PM

    Once again the Irish legal system shows it’s ineffectiveness. Sure he didn’t to it before, so can I use that as a defence if I kill someone?

    185
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    Mute Gisbert Bayertz
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    Dec 1st 2015, 6:07 PM

    There’s something fundamentally wrong with the way our legal “system” operates

    127
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    Mute Len Brennan
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    Dec 1st 2015, 7:50 PM

    It is exactly that – a legal system, not a justice system. There are unreformable psychopaths out there with dozens of convictions who continue to commit crime with impunity because they know if/when they get caught again they will either get a suspended sentence or a token sentence + early release. A great little country to do (criminal) business in.

    39
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    Mute Colette Kearns
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    Dec 1st 2015, 6:29 PM

    Such a joke, as parents of teenagers its sickening to have to “hope” your kids get home safety after school, never mind the worry when they are out with their friends in the evening! My own lad has been threaten twice in the last couple of months, once with a knife! He’s only 15! But sure there’s no deterrent for thugs!

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    Mute Irish Cottage Rental
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    Dec 1st 2015, 6:03 PM

    Farce

    101
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    Mute Donal O'Brien
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    Dec 1st 2015, 6:18 PM

    Name these thugs so we can keep a wide berth of them.

    86
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    Mute .
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    Dec 1st 2015, 6:27 PM

    The judge gave too much credence to the letter of apology as if that made the assault OK Surely the DPP must appeal it on grounds of leniency Does the DPP ever appeal these sentences

    95
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    Mute John F Quirke
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    Dec 2nd 2015, 9:38 AM

    The DPP can and does review sentences if it considers them to be unduly lenient.

    They can be quashed and replaced with more severe sentence.

    In my view the sentences for crimes of violence are not dealt with severely enough in this jurisdiction and there is a lack of consistency in sentencing in general. Having said that, I do not agree with the blanket generalisations made in some of the comments.

    Nor is it the case that suspended sentences are not a very severe sentence for a young first time offender.(depending on nature of offence)

    I am not saying he should not have got a prison sentence, but what then?
    How long, is too little? Everyone will still have a different view. This judge is normally a fair sentencer but has become more lenient recently (in my view). Leaving aside the emotive responses crimes of violence normally evoke, Justice does not, and never has only meant retribution for the victim but is always about balancing this retribution and deterrent with a rehabilitation for offender to try to ensure such behaviour is minimised. That is what justice ought to strive for. Sometimes balance is wrong (though in my view not necessarily in this case)

    Some views very black and white based on emotion and not what is best for society which is what the ‘justice system’ strives for! Sentencing not perfect, about 10 to 15 a day . Too little time spent on them, lack of consistency
    In my view due to lack of resources in part.
    JQ

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    Mute Sean @114
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    Dec 1st 2015, 6:42 PM

    Pathetic. The most appalling aspect of this is the judge justifying his decision based on the accused not having a prior criminal record. What if that kick had left the victim in a wheelchair for the rest of his life or, worse still, ended his life? Would the judge still apply this ‘run along you little scamp’ logic? The victim’s own verdict on the outcome says it all, “I suppose it’s the best I’m going to get”. We have a bunch of overpaid autocrats destroying the justice system, acting without fear of performance appraisal or accountability. They are literally a law unto themselves.

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    Mute Kirk Van Houten
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    Dec 1st 2015, 7:03 PM

    It’s like the lads in Cork yesterday 6 of them stole golf clubs from the boot of a car and used them to smash the windows and mirrors of other cars also robbed another teenagers phone and wallet while at it. Judge Sean O Donobhain described it as a rampage then gave them all suspended sentances

    67
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    Mute DiarmuidMurphy
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    Dec 1st 2015, 7:47 PM

    Any link for that article Kirk? Would like to read it.

    10
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    Mute Kirk Van Houten
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    Dec 1st 2015, 10:48 PM

    Read it in the Cork Echo yesterday can’t find it online. Infuriating stuff though if it was my car they smashed or my brother or son they robbed I’d be disgusted by the judges lack of balls.

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    Mute jack frost
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    Dec 1st 2015, 6:27 PM

    What’s the bet he pops up in the future on a murder charge ?

    Ps. #judgejoke.

    65
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    Mute john king
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    Dec 1st 2015, 6:36 PM

    Isn’t head stomping/kicking seen as attempted murder? Or is that in the UK?

    64
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    Mute Karen Marten
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    Dec 2nd 2015, 7:50 AM

    @john king its gbh and if we were uk or any other country for that matter the little thug would not be sleeping in his own bed at night under protection from mammy and daddy he would be locked up for being a thug who decided to kick anothet young lads head in and because it was a first offence he got to walk away this country is a joke.they put people in jail for not paying taxes water rates tv licence but not proper criminals

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    Mute John Stenson
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    Dec 1st 2015, 6:24 PM

    Time and time again the judicial system lets off the offender and the poor individual(s) trying to get some justice is not alone the victim of the offender but also the victim of our appalling justice system.

    63
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    Mute bazhealy
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    Dec 1st 2015, 7:08 PM

    What’s worse is the poor guy who was beaten, he knew it was all that was going to happen. Getting a letter of apology and 5k and he says it’s as good as he’ll get? Poor kid so cynical already he knew justice wasn’t gona be done!

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    Mute Del Haven
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    Dec 1st 2015, 6:04 PM

    Bulls hit. They should hit him with bulls.

    56
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    Mute bazhealy
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    Dec 1st 2015, 7:16 PM

    So the thug stamps on a guys head, potentially killing him but luckily only causing severe pain and anguish, turns out it’s the wrong guy he’s after attacking. So is that not attempted murder? It was premeditated to a certain extent because he planned to do it to another guy, it just so happened he got the wrong guy. He went out with the express intention of attacking someone and as exhibited by the veracity of the attack, doing serious harm. And he gets off with a letter and a credit union loan and a promise to be good. That’s great. Bloody brilliant. The streets are safe once again.

    54
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    Mute Barbara Edwards
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    Dec 1st 2015, 8:08 PM

    That’s exactly what my own 17yo just said. We’re both stunned at the sentence (or lack of it). I’m furious reading it.

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    Mute Danny Gallagher
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    Dec 1st 2015, 6:26 PM

    They should put a little driving path around the courts and when you come to the first window your brief tells the judge about his clients disavantaged background and how he is now drug free and now teaches the kids how play tiddly winks in the local club and swears that this is the last court appearance his client will ever be involved in as the 178 previous convictions are going against future employment, the second window the Judge believes the shite and orders the born again Christian to pay a fine or community service and give two fingers to the victim at the 3rd window and spin off down the road in the untaxed,uninsured, probably robbed car!

    51
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    Mute Séa Graham
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    Dec 1st 2015, 6:39 PM

    The legal system here is beyond a joke. Do the judge’s in Ireland care about the General law abiding public who at the end of the day are the people that pay their wages. No! They don’t give a toss. Old boys club that don’t know their ar5e from there elbow when it comes to the real world. I’m betting the lowlife junkie that shoved a gun in my face in work last year in an armed robbery is walking the streets already.

    49
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    Mute gerard sheehan
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    Dec 1st 2015, 6:46 PM

    The problem is the judges. Sentencing needs to be legislated for these fools. Manditory jail time and consecutive sentencing. To put some fear and doubt into the thugs that our spinless “leaders” are afraid to tackle.

    47
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    Mute Seth Cheffetz
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    Dec 1st 2015, 7:18 PM

    The only sure way to receive prison time in this country is to not pay your tax.

    45
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    Mute Martin O' Neill
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    Dec 1st 2015, 6:57 PM

    Great statement, suspended sentence, really boosts your faith in the Justice System…….

    40
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    Mute Rory McGuirk
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    Dec 1st 2015, 7:18 PM

    I reckon we should file one of those class action lawsuits against the state and its “honorable” judges. Does anyone else feel like the injustice system has failed us??

    34
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    Mute von
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    Dec 1st 2015, 8:48 PM

    Rory. All the time, and we pay their wages we should be able to fire them too.
    Anyway i have not seen a judge younger than 60 in this Country. We need younger and stronger judges who are not afraid to pass a long sentence on these thugs.

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    Mute Karen Marten
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    Dec 2nd 2015, 7:55 AM

    @ rory yes new judges We need jufges like judge judy and that mad one on utv saw him once he was scary

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    Mute John
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    Dec 1st 2015, 7:52 PM

    That judge should be made lie on the ground while the 17 year old stamps on his head so he can fully appreciate what it is that he is giving NO PUNISHMENT out for. I bet if it happened to the judge or one of his cronies there would be a custodial sentence.

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    Mute Muireann Walshe
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    Dec 1st 2015, 7:23 PM

    So because he has never been in trouble before he does not get jail time… No no lets just teach him that you can do this and get away with it… Next time when he offends again, Then we will send him to jail…

    21
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    Mute von
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    Dec 1st 2015, 8:37 PM

    So they will wait till his 50th conviction and a murder, then he might get a few years. Disgraceful Judges should be put in jail every time they make such a mistake.

    13
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    Mute Suzie Sunshine
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    Dec 1st 2015, 8:47 PM

    Can the DPP appeal the sentence ?

    9
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    Mute Colette Kearns
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    Dec 1st 2015, 9:44 PM

    If he had been older, he would have gone to jail if he hadn’t paid his t.v. licence. ?… says it all really!

    8
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    Mute SteoG
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    Dec 1st 2015, 9:10 PM

    Another disgraceful judgement, sends out a great message to potential offenders.

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    Mute Simon Williamson
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    Dec 1st 2015, 6:44 PM

    Fcking joke, disgrace, outrage etc etc… Stop trolling Journal, it’s not a challenge to bring out the morons of society.

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    Mute Simon Williamson
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    Dec 1st 2015, 6:45 PM

    Eg Sean @ 114 above, falls for this crap hook line and sinker, not one of our better hopes the poor spa

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    Mute Cathal O'Donoghue
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    Dec 1st 2015, 8:35 PM

    Lock him up. Jesus.

    4
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    Mute James O Carroll
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    Dec 2nd 2015, 11:57 AM

    i should go shoot a random guy on the street and go “lol! silly me, wrong person!” and get out within a few months. i really hate seeing the words “suspended sentence” all the time everytime there’s a stupid s***bag doing stupid shiit like this

    1
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    Mute nl
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    Dec 2nd 2015, 4:23 AM

    I wonder what the judge would have done if it were his sons head that had been kicked around. If it were my sons head, I’d know exactly what I would have done. An absolute disgrace!

    1
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    Mute Karen Marten
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    Dec 2nd 2015, 7:59 AM

    @nl me too. This country is far too quick to protect the ofdenders and not the victims. Name and shame the little thug needs a dose of his own medicine if that was my son who was attacked id name his attacker

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    Mute Niall
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    Dec 2nd 2015, 2:59 AM

    This country is a joke

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