Thurles Information

A Dublin mother has been sentenced to six months in prison after sending a series of threatening and grossly offensive social media messages to An Tánaiste Mr Simon Harris.

Ms Sandra Barry, aged 40 years, with an address at Tor an Rí, Balgaddy, Co Dublin, pleaded guilty at Dublin District Court to sending a “threatening or grossly offensive communication” with intent to cause harm, contrary to the Harassment, Harmful Communications and Related Offences Act 2020.

The court heard that the messages were sent on August 30th last,, 2025, with the injured party receiving messages on Instagram the following day. Gardaí identified Ms Barry following an investigation by the Garda Special Detective Unit, during which a warrant was obtained to examine the relevant account. The court was told some terms were used in an apparent attempt to bypass online safety filters.

In mitigation, the defence said the messages were sent during “three minutes of madness”, and that Ms Barry was now remorseful, and that she had since written a letter of apology. The court also heard she claimed to have no recollection of sending the messages and that she had recently changed anti-depressant medication.

Passing sentence, Judge Ms Michele Finan said such offences, committed “behind closed doors”, can have a catastrophic impact on recipients and a custodial sentence was warranted.

Ms Barry was granted €200 appeal bail after sentencing.

So what are the rules under Irish Law with regards to Hate Crime.

In Ireland, the laws governing hate-related offences are primarily set out in two pieces of legislation that distinguish between hate crimes (criminal acts targeting specific groups) and hate speech (inciting others to hatred).

(1) Hate Crimes: Criminal Justice (Hate Offences) Act 2024.
This landmark legislation commenced on December 31st, 2024, marking the first time Ireland has had specific statutory provisions for hate crimes.

New “Aggravated” Offences: The Act creates new versions of existing crimes, such as assault, harassment, and criminal damage, that are “aggravated by hatred”.
Proof Requirements: A crime is considered a hate crime if the prosecution proves:
Motivation: The perpetrator was motivated (wholly or partly) by hatred towards a protected group.
Demonstration: Alternatively, a “demonstration test” allows for prosecution if the perpetrator demonstrated hatred (e.g., through slurs or gestures) at the time of the offence.
Sentencing: Offences proven to have a hate element attract significantly higher maximum penalties than their non-aggravated counterparts. If hatred is not proven, the individual can still be convicted of the basic criminal act (e.g., simple assault).

(2) Hate Speech: Prohibition of Incitement to Hatred Act 1989.
While the 2024 Act focuses on physical acts, “stirring up” hatred remains governed by this 1989 Act.
It is an offence to communicate (spoken, written, or broadcast) material that is threatening, abusive, or insulting and intended or likely to stir up hatred against a protected group.
Newer plans to replace this with updated hate speech laws were shelved in late 2024, due to a lack of consensus on free speech protections.

(3) Protected Characteristics.
Under current Irish law, “hatred” is defined by reference to the following protected characteristics:

• Race and Color.
• Nationality and National or Ethnic Origin (including the Traveller community).
• Religion (including absence of belief).
• Sexual Orientation.
• Gender (including gender expression and identity).
• Sex Characteristics (physical/biological features).
• Disability.
• Descent (e.g., ancestry).

(4) Aggravating Factors in General Sentencing
For any other crime not specifically listed as an “aggravated” offence in the 2024 Act, judges are required to treat evidence of a hate motive as an aggravating factor during sentencing. The court must state on the record that the sentence was increased due to this hate element.