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Is there a bias against consecutive sentences in irish judicary ?

  • 01-02-2010 11:48am
    #1
    Registered Users, Registered Users 2 Posts: 1,374 ✭✭✭


    I was reading a nasty case in the papers over the weekend where a rapist was convicted on 5 counts.
    He received 5 concurrent sentences.
    The judge said he did not want the man ever freed.

    One comment in the report was from the rape crisis centre.
    They said that irish judges seem to have a bias against consecutive sentences , and that such a sentence would have been appropriate in this case, esp given the judges own comments.

    I think the rape crisis centre made a very good point

    Do people think this is the case ?
    Why do irish judges not pass more consecutive sentences ?


Comments

  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Yes there is something falling far short of a bias against consecutive sentences, in certain circumstances.

    The view of the rape crisis centre is what it is, you either agree or disagree. I say that not knowing any details of whatever case is referred to.

    In any event, the preference for non-consecutive sentences in certain cases is fairly recently acknowledged :

    DPP v Yusuf, Court of Criminal Appeal [(2008) 4 IR 209 :

    It may be said at the outset that the imposition of consecutive sentences does not require statutory authorisation and is a well established feature of Irish criminal law. That said, there is a strong tendency evident in the jurisprudence of this court to avoid the imposition of consecutive sentences where the offences might be described as falling within a similar pattern of offences or occurring within a relatively short timeframe. It could be said that those features are present in the instant case.


  • Registered Users, Registered Users 2 Posts: 1,889 ✭✭✭evercloserunion


    IMO the problem is not necessarily that the sentences are concurrent. Undoubtedly this incident is causing outrage because it means he will be out relatively soon (a few years). If we think our criminals are being let out too soon for the crimes they commit then the argument is for longer sentences in the first place, rather than consecutive sentences.


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