'Sentencing law and practice' (2nd Ed.) (Thomson Round Hall, 2006) Thomas O'Malley

AuthorHon. Mr. Justice Garrett Sheehan
PositionJudge of the High Court
Judicial Studies Institute Journal [2007:2
(Thomson Round Hall, 2006)
Thomas O’Malley
This book is the Archbold of Irish sentencing law.
Professor O’Malley comprehensively covers every relevant topic
in thirty six chapters ranging from an evaluation of the Irish
sentencing system in Chapter One to an examination in Chapter
36 as to how Judicial Review, habeas corpus and case stated
impact on sentence.
In a clear but understated way the author draws the reader’s
attention to a wide range of issues that need to be considered
when it comes to imposing sentence and, by drawing widely on
case law from other jurisdictions, prompts us to give further
consideration to what at first sight seem established principles.
In Chapter Six entitled; “General Principles” Professor
O’Malley states that rehabilitation remains a valid consideration
in the selection of sentence:
It can clearly operate to the advantage of the offender
but as the court of criminal appeals stressed in People
(DPP) v. OD (R) [2000] 4 IR there is also a strong
public interest in rehabilitation as it reduces the risk of
re-offending, something that imprisonment often fails to
achieve except temporarily.
Proportionality has undoubted merits but it is not
directly concerned with risk reduction or offender
reformation. However it need not be incompatible with
those aims.
He further states that efforts should be made whenever
possible to fashion sentences that are rehabilitative as well as
Judge of the High Court.

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