The sentencing of juveniles for murder is becoming “more and more severe” in Ireland when compared to other EU states, the Supreme Court has heard during two appeals with important implications for the sentencing of children for serious crimes.
Life sentences in such cases are not appropriate and are not an option in the vast majority of EU states for reasons including the impact on rehabilitation but have become “the default here, rather than the exception”, Mark Lynam SC said.
When a life sentence is imposed, he said, “it harms the child because they have no end point to work towards”. They are also treated on the same basis as adult life sentence prisoners in relation to parole.
Counsel was making submissions for a 17-year-old male sentenced to detention for life, with a review after 13 years, for the murder of Urantsetseg Tserendorj (49) in Dublin city centre as she walked home from work. The defendant was aged 14 at the time of the offence in January 2021.
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A similar sentence was imposed on the second appellant who was 17 when he stabbed 20-year-old college student Cameron Blair to death at a house party in Cork city on January 16th, 2020. He admitted murder and his appeal is against his sentence and a ruling, which is stayed pending the outcome of the appeal, allowing him to be identified because he turned 18 late last year when the Court of Appeal dismissed his earlier appeal.
Family members of Mr Blair and Ms Tserendorj were in the Supreme Court on Tuesday when the appeals opened before the seven judge court.
A key issue in the appeals is the lawfulness or otherwise of the courts’ using a sentence review mechanism when imposing sentences of detention for life for murder on offenders aged under 18 at the time of the offence. Another important issue concerns how a determinate sentence might be imposed.
The appellants argue against indeterminate sentences for those aged under 18 at the time of the offence and that children ought to be considered less culpable than adults, with the effect the proportionate and appropriate sentence should be significantly lower than those for adults. It is argued that these considerations are supported by the vindication of the constitutional rights of the child.
Michael O’Higgins SC, with Mr Lynam for the first appellant, said there is “significant doubt” whether sentence reviews are lawful in the absence of a statutory regime but the Oireachtas has persistently failed to address this matter.
His client, counsel submitted, is entitled to a review but, if the court decides the review process is not available to him, he was entitled to a fixed sentence.
In submissions for the Director of Public Prosecutions, Seán Guerin SC said the director’s view is there needs to be “a lawful basis” for a review of sentence and the issue involves “a degree of uncertainty” which “requires resolution”.
Remy Farrell SC, for the Attorney General, noted all sides agreed it is permissible, but not mandatory, for a sentence of detention for life to be imposed on a child convicted of murder.
The attorney considers there is provision for sentence review but, if there was “no explicit statutory provision”, a common law power might be presumed, he said.
Beginning his submissions for the second appellant, Karl Finnegan SC argued his client has a lifelong entitlement to anonymity.
The appeals are expected to conclude on Wednesday.
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