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Dáil Éireann díospóireacht -
Tuesday, 2 Dec 1969

Vol. 243 No. 1

Ceisteanna—Questions. Oral Answers. - Uniformity in Court Decisions.

50.

asked the Minister for Justice if he is aware of lack of uniformity in court decisions in convictions for dangerous driving involving death; and if he proposes to take any action to ensure uniformity of such decisions throughout the country.

The Constitution provides that all judges are independent in the exercise of their judicial functions, subject only to the Constitution and the law. Under our legal system, the arrangement is that the law provides generally for maximum penalties for criminal offences, including dangerous driving causing death. The law enables the judge to exercise his discretion, within the maximum penalty, by reference to the conclusions he has reached after trying the case, hearing all the evidence, assessing the culpability and the circumstances of the accused, etc. It is not open to me as Minister for Justice to take any action on the lines suggested by the Deputy.

Might I inquire from the Minister if his attention has been directed to cases in which one judge takes a different view from another despite the fact that the evidence is absolutely identical? Surely it is not possible that there could be such a difference in opinion on the part of those responsible for the administration of justice, particularly when there was no additional evidence given at the second hearing?

Every case depends on the circumstances and it is absurd to suggest that the circumstances in every case are exactly the same. Those who are assessing the circumstances and who have the benefit of hearing sworn evidence are in a far better position to judge what the circumstances are than is any ordinary person. It was stated in this House last week by Deputy O. J. Flanagan that a charge of manslaughter was reduced to careless driving. That is, of course, untrue, but that is the kind of misrepresentation that takes place when decisions of the courts are discussed in this House.

May I inquire from the Minister if he has any knowledge of the fact that association with Taca gets a greater measure of justice?

Deputies

Hear, hear.

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