We need tougher laws to tackle repeat offenders, says Jim O’Callaghan after spate of vicious assaults on pensioners
A SERIES OF violent attacks on the elderly and vulnerable have left OAPs all over Ireland fearing for their lives.
Thomas Niland, 73, is on life support in hospital after suffering “serious head and upper body injuries” during the shocking attack at his home in Sligo last month.
The heartless attackers stole a measly stole €600 during the raid on the "gentle giant", a former farmer.
Then last week, a 72-year-old man was left in a serious condition in hospital after he was the victim of an aggravated burglary at his home in Celebridge, Co Kildare.
And this weekend news broke that an elderly pair of siblings, Gerry and Mary O’Halloran, were held at knifepoint in Cork in a brazen theft.
The spate of incidents has left many other senior citizens across Ireland now asking: “Am I going to be next?”
Writing for the Irish Sun Fianna Fáil’s justice spokesperson, JIM O'CALLAGHAN explains why it is time to consider minimum sentences of 10 years for people found guilty of violent acts such as aggravated burglary:
WE NEED TO GET TOUGH
THE brutal attack on Sligo farmer Tom Niland and the more recent attack on a Kildare pensioner have once again put a spotlight on the vulnerability of elderly people to such crimes of violence.
As both men now lie in hospital in a serious condition and the gardai pursue their attackers, the political system must also ask itself whether our laws are strong enough to protect such victims from these heinous crimes.
No law will stop all crime, but stronger laws and tougher sentences can have a big impact in deterring potential offenders from committing such violent acts.
At present, Fianna Fáil is preparing a policy document in response to violence against women, highlighted as a result of the horrific killing of Ashling Murphy last month.
But we also need to promote policies and introduce new laws that will have an impact in reducing violence against all are citizens and, in particular, in confronting the serious assaults and aggravated burglaries that are perpetrated against the elderly.
MINIMUM SENTENCES
The Oireachtas decided in 2001 that a person convicted of aggravated burglary – burglary that involves the use of an offensive weapon– could have a sentence of up to life imprisonment imposed upon him.
The courts, however, have ruled that when it comes to sentencing persons convicted of such offences that the mid-range sentence should be 6-10 years and the high range should be 11-15 years.
In general, when the Oireachtas makes criminal laws the practice has been for it to set out what the maximum sentence for an offence should be.
However, the Oireachtas now needs to consider introducing presumptive or indicative minimum sentences for serious offences of violence.
The Supreme Court in the 2019 decision of Ellis v Minister for Justice has made it difficult for laws to have a statutory requirement that tougher sentences should be imposed on those convicted of an offence when they have a previous conviction for a similar serious offence.
But that judgement expressly did not deal with presumptive or indicative minimum sentences.
TOUGHER BAIL LAWS
Consequently, the Oireachtas should introduce minimum sentences for persons convicted of offences such as aggravated burglary.
It is open to the Oireachtas to impose a minimum sentence of at least 10 years for anyone convicted of such an offence.
We also know from experience that aggravated burglary and serious assault are frequently committed by repeat offenders.
Certain criminals repeatedly target vulnerable communities and elderly people living on their own in there cowardly efforts to steal from them.
Part of our response to this should be to strengthen and toughen our bail laws.
Back in 1997 the people voted overwhelmingly by referendum to allow bail to be refused when it was considered necessary to prevent an accused committing further crime.
Anyone accused of aggravated burglary who already has a conviction for aggravated burglary should not be given bail.
Our bail laws need to be changed to ensure that bail should not be granted to such repeat offenders unless there are exceptional circumstances.
Ultimately, our laws need to emphasise clearly that any crimes of serious violence will be dealt with severely by the state, and offenders must know that when apprehended and convicted of these offences they will be facing a lengthy period of imprisonment.
ZERO TOLERANCE
The uncertainty that exists in our law about the type of sentence that will be imposed, along with the tolerance we display towards repeat offending, means that our laws are not as strong a deterrent as they could be for those contemplating acts of violence against others.
Finally, Ireland is a country that has a strong social conscience and sense of community.
Part of the consequence of being convicted of a serious criminal offence is that you are exposed to the very strong disapproval of the public.
In Ireland, however, people convicted of serious violent offences are not identified through photographs in the same way as occurs in other countries.
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Instead the only way they are exposed to public view is if there happens to be a photograph of the convicted person publicly available.
Consideration should be given to empowering the courts to publish photographs of persons convicted of such serious acts of violence in the same way as occurs in many other countries.
