It could be argued that, if more resources were diverted from the penal side of the criminal justice system towards the probation side, the rehabilitation of offenders might be more effective, a judge has said.
JudgeKeenan Johnson made his remarks at Portlaoise Circuit Court when a man with 92 previous convictions came before him for sentencing for the abduction of an 11-year-old girl.
The judge said the accused Michael Martin (36), originally from Dublin with an address at Shandon Court, Yellow Road, Waterford, who admitted to the false imprisonment of the girl at Cullohill in Co Laois on March 4th, had fallen through the cracks.
He noted that “two weeks prior to this offence, the accused presented himself to the relevant psychiatric services looking for assistance. This would indicate a recognition on the part of the accused, that he was in need of help and support.”
“It’s a sad fact of life, that in our society there are many people like the accused, who have fallen through the cracks and have not been provided with the supports and assistance, which would have helped them in their rehabilitation.
“In fairness, State agencies such as the HSE and the probation services, do fantastic work in the area of treatment and rehabilitation of offenders. It could be argued that, if more resources were diverted from the penal side of the criminal justice system towards the probation side, the rehabilitation of offenders might be more effective.
“This is a debate for another day, but something worthy of serious consideration by the powers that be. Resources focused on rehabilitation rather than punishment could probably provide society with better outcomes,” Judge Johnson said.
He said what Martin did “was a terrible thing. However I am not sure that he fully appreciates that. If I had the option, I would impose a life sentence, not so much to punish the accused, but rather to protect society.
“However the jurisprudence and the decisions of the Appeal Courts do not permit me to impose a life sentence.”
Judge Johnson instead imposed a 17-year sentence with the final four years suspended.
Earlier he described a psychological report on Martin as disturbing. A previous hearing was told he suffered sexual abuse, physical abuse and neglect as a child.
Judge Johnson said “the Constitution says that all children are born equally, however a reading of the forensic psychological report in this case clearly illustrates that some children are born more equal than others.”
“The accused’s previous record is very extensive. He has 92 previous convictions going back to 1999. These include a conviction for sexual assault in 2000 and abduction of a child in 2003 and threatening to kill or cause serious bodily harm in 2010. He also has numbers convictions for burglary, theft, criminal damage, unauthorised taking of a car, robbery and some road traffic matters.”
He noted the accused was on bail, for robbery charges, before Kilkenny court, when he committed this latest offence for which he was before Portlaoise Circuit Court.
“I understand that the robbery charge before that court is going to trial and that no plea has yet been entered by the accused in respect of same,” he remarked.