The impact of imprisonment beyond the offender

THE release last month of the Law Reform Commission (LRC) report on mandatory sentences has provided an opportunity to reflect in an informed way on the approach taken in our jurisdiction to sentencing in the criminal courts.

In addition, the controversial sentencing judgment delivered by Mr Justice Sheehan in the case of a man convicted of raping his then 14-year-old sister-in-law 27 years ago, highlights the serious difficulties involved in balancing the range of competing rights and interests in the sentencing process.

In particular, the often-unseen tensions between victims and the families of offenders are laid bare providing an extremely challenging sentencing decision.