Second and subsequent conviction

Victor

I can understand if there is a conviction that the offender is (usually) punished.

Also, if there is a second conviction (especially one for events after the first conviction) that the offender is punished more severely and that for third and subsequent convictions there is an emerging pattern of recidivism and that they should be punished more severely again.

However, if there is an extended period between a conviction and a subsequent conviction, 1that the court may consider the matter more leniently as there is no pattern involved. An example may be a conviction for being drunk and disorderly when 20 shouldn't really have a bearing on a second conviction when 50.

What acts allow for second and subsequent conviction to be treated as first convictions?

dats_right

As I understand it, although I'm not a criminal practioner, upon conviction a Judge will ask the prosecution whether there is any previous convictions and as far as I'm aware it is a matter for the Judge's discretion as to whether he/she considers them relevant to the sentencing in the instant case.

MagicSean

Yes. If they are in seperate areas, such as public order and traffic, the defence solicitor will usually highlight this for mitigation. Time will also factor in the judges decision, however some crimes have mandatory sentences for a second crime, such as drink driving.

Victor

k_mac wrote: »

some crimes have mandatory sentences for a second crime

These are the ones I am looking for. What are they (other than drinking driving)?

MagicSean

The only ones I can think of off the top of my head are drink driving, drunk in charge and the general penalty under section 102 of the road traffic act.

sparkling sea

Mandatory life sentence for murder, aggravated murder and treason, and disqualification from driving for the offence of drunk driving.

A presumptive sentence of 10 years applies for possesion of drugs with a street value of over 13000 euro. Its application is updated in CJA 2007

Section 25 of the 2007 Criminal Justice Act deals with serious crimes relating to organised crime and provides that if an individual commits a second or subsequent serious offence in the 7 year period following a first serious offence then the presumptive sentence is three quarters of the maximum sentence provided by law or 10 years if the maximum is life imprisonment. The crimes include include: murder, threats to kill, causing serious harm, false imprisonment, extortion, aggravated burglary, and various explosives, drug trafficking and firearms offences.

Victor

Sorry, its second and subsequent convictions I'm talking about.

sparkling sea

Thats what section 25 relates too

Also the Criminal Law (Sexual Offences) Act 2006.
Section 3 of the Act 2006 provides that any person who engages or attempts to engage in a sexual act with a child who is under the age of 17 years shall be guilty of an offence. If the person is found guilty, they can be sent to prison for up to 5 years, or if he or she is a person in authority, for example a parent or teacher, etc, up to 10 years.
If the person who is convicted has a previous conviction under the same section, they can be sent to prison for up to 10 years, or if he or she is a person in authority then it can be up to 15 years

When deciding on a sentence in regards to previous convictions the Law Reform Commission believes that where there are previous convictions, this increases the gravity and so increases the severity of the sentence. O’Malley argues for progressive loss of mitigation of sentence if there is a previous conviction. In reality it is the LRC’s views that are used in practice by judges when deciding sentences. Sentencing guidlines do not exist in Ireland