McDowell considers sentencing proposals

PROPOSALS to promote consistency in sentencing by judges are being considered by Justice Minister Michael McDowell.

Mr McDowell revealed his move on sentencing in a letter to Limerick City Council after it raised concerns over sentences imposed on two men for the manslaughter of a Limerick man in Dublin.

The minister has told the council that he is looking at possible options to promote consistency of sentencing presented to him recently by a working group on the jurisdiction of the courts.

The options have not yet been finalised or made public.

Limerick City Council passed a motion calling on the minister to carry out a review of sentencing in manslaughter cases after the issue was raised at a meeting of the council following the sentencing of two men to five years and three years for the manslaughter of Limerickman Thomas Moloney, who came from Moyross.

Mr Moloney, who was 27 and single, died after being beaten up at a filling station in Dublin after he missed the last train to Dublin.

After being on a life support machine he died on May 3, 2002.

His father, also Thomas, lobbied the city council to initiate a move on sentencing.

He said yesterday: “We feel very let down that such light sentences were given to the men convicted of killing Thomas. We feel we have not got justice.”

After the council wrote to the minister, Mr McDowell in a reply said: “As regards sentencing generally, the position is that the courts are subject only to the Constitution and the law, independent in the exercise of their judicial functions. It is for the courts to decide the punishment taking account of all the circumstances of the case and the offender.”

Mr McDowell pointed out that the Director of Public Prosecutions can apply to the Court of Criminal Appeal to review the sentence if he feels it is unduly lenient.

Mr McDowell told the council that the complex question of sentencing policy was addressed at length by the Law Reform Commission, who specifically recommended against the introduction of statutory sentencing guidelines.

“The issue was also addressed in the recent report of the working group on the jurisdiction of the courts. The group, while it did not make final recommendations, drew attention to possible options to promote consistency of sentencing which are being considered in this department (Justice, Equality and Law Reform).”

Thomas Moloney was attacked in May 2002 near Heuston Station, Dublin, after missing the last train back to Limerick.

After a major garda investigation, the men convicted of his manslaughter were tracked down.