Judge condemns soft sentences

THE Court of Appeals has criticised the Oireachtas for allowing some of Ireland’s worst young offenders to walk free – even when the court has ruled that the original sentence was too soft.

Justice John Edwards warned that the problem had ‘far reaching implications’ and urged politicians to change the law ‘as soon as possible’.

He was reacting to the case of a 17year-old burglar who crashed a stolen car into the Liffey while being chased by gardaí. When released on bail, he both assaulted a man in his eighties and stole his car within 48 hours.

The now 20-year-old, who cannot be identified for legal reasons, was not tried in an adult court as he was just shy of his 18th birthday.

Speaking for the Court of Appeals, Justice Edwards complained that its ‘hands are tied’ because it cannot increase detention time for minors – even if it rules that the original sentence was too lenient.

In a judgment delivered yesterday, Justice Edwards said there were ‘no legal means to resentence’ the 20-yearold, even though the court had determined that his original punishment was too soft.

He said the case called for an appropriate punishment but, since the 20year-old was a child at the time, the only sentence that could have been imposed was a detention order and not imprisonment.

However, he said the existence of such a conundrum would not justify the court in disregarding the separation of powers or in engaging itself in ‘judicial legislation’. He said the court could not rewrite the law.

Mr Justice John Edwards said the Court of Appeal was of the ‘firm view’ that the sentence imposed on the 17-year-old were unduly lenient.

He said the cumulative sentences of three years detention, with the final two years suspended, manifestly failed to reflect the seriousness of the offences.