State responds to challenge over mandatory life sentences

THE state is entitled, both under the Constitution and the European Convention on Human Rights (ECHR), to enact laws stipulating a mandatory life sentence for the crime of murder, the Supreme Court was told yesterday.

Brian Murray SC, for the state, began outlining its response on the second day of a challenge by two convicted murderers to the mandatory life term.

Peter Whelan and Paul Lynch contend Section 2 of the Criminal Justice Act 1990, which provides mandatory life sentences for murder or treason, breaches their rights, including their right to liberty, both under the Constitution and ECHR. They argue the mandatory term removes judicial discretion from sentencing and effectively gives the Minister for Justice a judicial power relating to sentencing.