Latest news with #Section15
News18
26-07-2025
- News18
Allahabad HC Shields Juvenile From Adult Trial, Flags Dangers Of Digital Age
Last Updated: The 16-year-old boy was accused of rape and causing abortion 'The good-old-days icon of a truant child seems to get replaced by the modern-day mascot of a violent predator," the Allahabad High Court observed, as it intervened to stop the adult prosecution of a 16-year-old boy accused of rape and causing abortion. Quoting with approval from the Bombay High Court's observations on the psychological fallout of unregulated digital exposure, the court noted that 'television, internet and social media have let the children, especially the adolescents, leapfrog into the adult world… Mostly it is a crash-landing, with disastrous consequences." The remarks came as Justice Siddharth allowed a criminal revision filed by a minor, referred to as Juvenile X, against orders of the Juvenile Justice Board (JJB) and a special POCSO court in Kaushambi that had directed he be tried as an adult for a 'heinous offence". A consensual physical relationship developed between the juvenile and a 14-year-old girl, which led to pregnancy. When the girl was five months pregnant, it was alleged that the boy, with the help of two adults, gave her medicine that caused a miscarriage. He was booked under POCSO, and the JJB conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, concluding he should face an adult trial. However, the High Court found that the process adopted by the Board and the POCSO court was not in conformity with the law. The boy had undergone a psychological evaluation that revealed a mental age of six years and an IQ of 66, indicative of mild intellectual disability. He struggled with academic performance, had poor social interaction, and scored in the borderline to mild clinical range on behavioural tests. Despite these findings, the JJB dismissed the report and based its decision largely on the allegations and the statement of the victim. 'This Court finds that the report of psychologist was in favour of the revisionist… the revisionist with score of 62 comes in borderline category which is even below the category of low/below average," the court said, adding that 'he was not capable nor he took decision to administer the victim medicine alone". Justice Siddharth observed that 'an order under Section 15… not only gives a different legal character to a juvenile… but also takes away the application of the beneficial provisions" under juvenile law. The court stressed that such an order must be the result of 'a crucial judicial examination", and not a routine endorsement of FIR content or assumptions about intent. Criticising what it described as a 'mechanical" application of Section 15, the court said, 'Retributive approach vis-à-vis juveniles needs to be shunned unless there are exceptional circumstances… Let no child be condemned unless his fate is foreordained by his own destructive conduct". The orders of the JJB and POCSO court were set aside, and the High Court directed that the boy be tried as a juvenile under the special procedure laid down in the Juvenile Justice Act. view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Sunday World
09-06-2025
- Sunday World
Drug dealer turned chef spared jail after cocaine seized in home
Charlie Maher was described by Judge Dara Hayes as a man who had turned his life around A 25-year-old drug dealer who became a chef has received a three-and-a-half year suspended sentence after Gardaí found almost €6,000-worth of drugs in his home. Charlie Maher, Knockbrack Downs, Drogheda, was described by Judge Dara Hayes as a man who had turned his life around. The defendant's house was searched on May 1, 2020, and in a bedroom officers located cocaine valued €5,747 and cannabis worth €155 as well as €445 cash and a phone with messages indicating drug dealing. It was noted during a sentence hearing at Dundalk Circuit Court that the defendant had been given a two-year suspended term for a similar Section 15 drugs offence which occurred on March 8, 2021, but that there had been no trouble since. Mr. Maher was assessed by the Probation Service as at low risk of reoffending. He had submitted 10 clear urinalysis results and was drug-free. He was working as a chef in a restaurant in Duleek having worked his way up from a kitchen porter and lived with his partner and her two children. The defendant had moved away from a former negative peer group, and engaged well with the Probation Service. Judge Hayes noted that he had not come to adverse garda attention for over four years and had turned his life around. As serious as this case was it was not one which required immediate imprisonment. A three-and-a-half year sentence was suspended for three-and-a-half years. Orders were made for the destruction of the drugs and forfeiture of the cash. Funded by Courts Reporting Scheme.
Irish Independent
09-06-2025
- Irish Independent
Louth drug dealer turned chef spared imprisonment
Charlie Maher, Knockbrack Downs, Drogheda, was described by Judge Dara Hayes as a man who had turned his life around. The defendant's house was searched on May 1, 2020, and in a bedroom officers located cocaine valued €5,747 and cannabis worth €155 as well as €445 cash and a phone with messages indicating drug dealing. It was noted during a sentence hearing at Dundalk Circuit Court that the defendant had been given a two-year suspended term for a similar Section 15 drugs offence which occurred on March 8, 2021, but that there had been no trouble since. Mr. Maher was assessed by the Probation Service as at low risk of reoffending. He had submitted 10 clear urinalysis results and was drug-free. He was working as a chef in a restaurant in Duleek having worked his way up from a kitchen porter and lived with his partner and her two children. The defendant had moved away from a former negative peer group, and engaged well with the Probation Service. Judge Hayes noted that he had not come to adverse garda attention for over four years and had turned his life around. As serious as this case was it was not one which required immediate imprisonment. A three-and-a-half year sentence was suspended for three-and-a-half years. Orders were made for the destruction of the drugs and forfeiture of the cash.
Sunday World
05-05-2025
- Sunday World
Polish man charged over €100k Killarney cocaine seizure on Bank Holiday weekend
Man living in Killarney appeared in court facing six charges following drugs haul A Killarney resident has been remanded on bail after he was charged in connection with a €100,000 cocaine seizure in Kerry over the Bank Holiday weekend. Krystian Misiak (32), a Polish national residing at Flemings Lane in Killarney, was charged with a total of six offences in relation to the seizure of drugs at his apartment on May 2. Mr Misiak was charged with possession and possession for sale of supply of amphetamines, cannabis and cocaine at the address, contrary to Sections 3 and 15 of the Misuse of Drugs Act. Det Garda Stephen Foley of the Kerry Divisional Drugs Unit told a special sitting of Cork District Court on Monday that he had arrested Mr Misiak following the seizure of the drugs on May 2. A Killarney resident has appeared in court on drugs related charges. Today's News in 90 Seconds - May 5th He said he charged Mr Misiak with the six offences and cautioned him after each one that anything he said might be taken down in evidence, but Mr Misiak made no reply to any charge. Insp Clodagh O'Sullivan said gardai had no objection to bail with certain conditions attached and Mr Misiak's solicitor, Padraig O'Connell, confirmed his client would abide by the conditions. Det Garda Foley said that gardai were seeking that Mr Misiak would reside at his stated address and notify gardai of any change of address and sign on every Friday at Killarney Garda Station. He said that gardai also were seeking that Mr Misiak would surrender his passport or any other travel documents and undertake not to seek any replacement documents. Det Garda Foley said gardai were also seeking that Mr Misiak would provide them with a mobile phone number which he would keep charged and in credit so he could be contacted 24/7. Mr O'Connell confirmed his client was willing to abide by all these conditions and he applied for free legal aid on the Section 15 charges, saying his client was in receipt of illness benefit. Insp O'Sullivan applied for a remand on bail for Mr Misiak to appear at Killarney District Court on Tuesday for the DPP's directions on the matter and Judge Philip O'Leary granted the application. He also granted Mr Misiak free legal aid and assigned Mr O'Connell and his fellow practitioners, Andrew O'Connell and Eimear Griffin to represent him on the three Section 15 charges.
Irish Times
05-05-2025
- Irish Times
Man charged in connection with €100,000 drug seizure in Kerry
A 32-year-old man has been remanded on bail after he was charged in connection with a €100,000 cocaine seizure in Kerry over the Bank Holiday weekend. Krystian Misiak, a Polish national with an address at Flemings Lane in Killarney, was charged with a total of six offences in relation to the seizure of drugs at his apartment on May 2nd. Mr Misiak was charged with possession and possession for sale of supply of amphetamines, cannabis and cocaine at the address, contrary to Sections 3 and 15 of the Misuse of Drugs Act. Det Garda Stephen Foley of the Kerry Divisional Drugs Unit told a special sitting of Cork District Court on Monday that he had arrested Mr Misiak following the seizure of the drugs on May 2nd. READ MORE He said he charged Mr Misiak with the six offences and cautioned him after each one that anything he said might be taken down in evidence, but Mr Misiak made no reply to any charge. Insp Clodagh O'Sullivan said gardaí had no objection to bail with certain conditions attached and Mr Misiak's solicitor, Padraig O'Connell confirmed his client would abide by the conditions. Det Garda Foley said that gardaí were seeking that Mr Misiak would reside at his stated address and notify gardaí of any change of address and sign on every Friday at Killarney Garda station. He said that gardaí also were seeking that Mr Misiak would surrender his passport or any other travel documents and undertake not to seek any replacement documents. Det Garda Foley said gardaí were also seeking that Mr Misiak would provide them with a mobile phone number which he would keep charged and in credit so he could be contacted 24/7. Mr O'Connell confirmed his client was willing to abide by all these conditions and he applied for free legal on the Section 15 charges, saying his client was in receipt of illness benefit. Insp O'Sullivan applied for a remand on bail for Mr Misiak to appear at Killarney District Court on Tuesday for the DPP's directions on the matter and Judge Philip O'Leary granted the application. He also granted Mr Misiak free legal aid and assigned Mr O'Connell and his fellow practitioners, Andrew O'Connell and Eimear Griffin to represent him on the three Section 15 charges.
