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

Tuesday, 16 February 2010

Murderers challenge mandatory life sentences

http://www.irishtimes.com/newspaper/ireland/2010/0216/1224264554035.html

Hmm, the real problem that mandatory sentences cause in murder trials is that of creating a great reluctance  on the part of jurors to convict an accused person of murder knowing that a life sentence is mandatory.

They plump for manslaughter in the genuine but mistaken belief that a lesser sentence is automatic in a manslaughter verdict.

This is not so, DPP v Conroy 1989, I think, states that manslaughter is no less serious an offence than murder and a similar sentence should be accrue.

Everyone feels frustrated by the high level of manslaughter verdicts in cases that originally start out as murder cases.  Perhaps the mandatory life sentence can be examined in light of this...

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