Dáil Éireann debate -
Thursday, 5 Jul 1990

Vol. 401 No. 2

Written Answers. - Sentencing Policy.

Ruairí Quinn

Question:

33 Mr. Quinn asked the Minister for Justice if his attention has been drawn to the widespread concern which has been expressed in relation to the inexplicable leniency of the sentence given by the court in a rape case (details supplied); if he proposes to undertake any action in relation to this matter in order to allay fears regarding inequality of treatment by the courts in relation to the sentencing of offenders; and if he will make a statement on the matter.

Eric J. Byrne

Question:

42 Mr. Byrne asked the Minister for Justice if, in view of the wide range of sentences imposed for similar offences, he intends to introduce any guidelines for the courts in relation to sentencing policy; and if he will make a statement on the matter.

Minister for Justice (Mr. Burke)

I propose to take Questions Nos. 33 and 42 together.

I am aware of the concern referred to. Because of the wide variety of factors taken into account by the Judiciary, it is inevitable that sentences will vary even in cases which appear to be similar. Judgment as to whether a sentence appears to be too harsh or too lenient depends on the weight given to these factors individually. In the circumstances, and bearing in mind the constitutional independence of the Judiciary, it is necessary to be careful about over-reacting to decisions in individual cases. I can accept, however, that, from time to time the decisions reached in certain cases can raise general issues about sentencing which ought to be addressed. As it happens the topic of sentencing policy is one of a number of issues in the criminal Law area that has been referred to the Law Reform Commission for examination and report as part of their current programme and I except that the commission will address these general issues in the course of its work. I am, therefore, deferring further consideration of the matter until the commission's report is available.