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

• Author: Hon. Mr. Justice Garrett Sheehan
• Position: Judge of the High Court
• Pages: 256-258

Judicial Studies Institute Journal [2007:2

256

BOOK REVIEW

“SENTENCING LAW AND PRACTICE” (2nd Ed.)

(Thomson Round Hall, 2006)

Thomas O’Malley

THE HON. MR. JUSTICE GARRETT SHEEHAN∗

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.