There is much debate about sentencing in the criminal courts in Ireland and the severity or otherwise of sentences handed down in criminal courts.
To understand better how sentences are arrived at in criminal cases it is important to understand that the goal of a sentence in a criminal case is to deter the criminal from offending again but also to persuade him to turn from a life of crime to an honest life.
A guiding principle in this regard therefore, and one which enjoys constitutional protection, is the principle of proportionality as set down in State (Healy) v Donoghue (1976) which recognized this principle and stated that it had 2 aspects to it:
1. The sentence must be proportionate to the gravity of the offence committed
2. It must also bear in mind the personal circumstances of the offender.
After conviction, the solicitor or barrister for the convicted person will make a plea in mitigation to try to minimize the sentence to be handed down.
Factors which will be put before the court on behalf of the convicted person will include any factors to do with the offence itself and to do with the personal circumstances of the offender which might portray the convicted person in the most favourable light.
These factors will include
- The age of the defendant, family circumstances
- Any addiction problems
- Any attempts to sort out his problems such as treatment centre visits or courses
- Cooperation with the Gardai
- Attempts to compensate the victim
- Remorse
- Apology
- A guilty plea and how quickly this was offered
- Absence of violence in the commission of the crime
These mitigating factors should be considered by the Judge AFTER the Judge has thought about the sentence to be imposed after considering the gravity of the crime.
Once the Judge does this he will then reduce the sentence he has arrived at by whatever reduction he deems appropriate after hearing of the mitigating factors proffered by the solicitor/barrister for the defendant.
The Judge will also ask the Gardai about previous convictions and any other relevant factors to do with the crime such as the circumstances of the victim, whether violence was used, whether a position of trust was breached and any else that is relevant.
Previous convictions for the same type of offence will result in a harsher penalty than if the offence before the court was the first time.
Many Judges will also adjourn sentencing until the Court has been provided with any relevant reports about the offender such as probation reports, medical and psychiatric reports etc.
Where the crime has involved violence and/or sexual violence the Criminal Justice act 1993 makes provision for a victim impact report which can be taken into account before arriving at a suitable sentence.
Read more about criminal law in Ireland.
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