An occasional commentary on some aspects of criminal law in Ireland.

Tuesday 16 February 2010

Murderers challenge life terms

Contention A;   Mandatory sentencing offends the doctrine of separation of powers of the legislature and the judiciary because it amounts to a sentencing power on the part of the Oireachtas.


Contention B;   It offends the doctrine of proportionality enshrined in the Constitution in that it leaves a judge with no discretion.


Contention C;   The men also claim they are being subjected to degrading and inhuman treatment, in contravention of Article 3 of the ECHR, by virtue of the fact that they have no way of assessing how or when their release will occur. 

Why was mandatory sentencing introduced? 



a vote of no confidence in the Judiciary or a power grabbing exercise by the executive or a shameless populist vote catching exercise with no logic behind it?

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