Gilligan -v- Ireland & ors [2013] IESC 45 (14 October 2013)

Gilligan -v- Ireland & ors [2013] IESC 45 (14 October 2013)

Section 13(1) of the Criminal Law Act 1976 does not violate the separation of powers or equality provisions of the Constitution because it does not prescribe a fixed mandatory sentence, does not remove judicial discretion as to the type or length of sentence, and the distinction between fixed-term and life prisoners is rational and constitutionally justified.

Citation
[2013] IESC 45
Parties
Plaintiff/appellant: John Gilligan; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: The Minister for Justice, Equality and Defence; Defendant/respondent: The Governor of Portlaoise Prison
Jurisdiction
Ireland
Judgment Date
14 October 2013
Procedural Posture
Constitutional Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed - High Court order affirmed
Legal Topics
Separation of Powers, Sentencing, Equality Before the Law, Judicial Discretion, Mandatory Sentences
Constitutional Law Criminal Law Separation of Powers Sentencing Equality Before the Law Judicial Discretion Mandatory Sentences

Case Brief

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Parties

John Gilligan

Plaintiff/appellant

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

The Minister for Justice, Equality and Defence

Defendant/respondent

The Governor of Portlaoise Prison

Defendant/respondent

Procedural Posture

Constitutional Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s.13(1) of the Criminal Law Act 1976, requiring consecutive sentences for offences committed in prison, violates the separation of powers under the Constitution
  2. 2 Whether the provision is discriminatory and violates equality before the law under Article 40.1 of the Constitution

Ratio Decidendi

Section 13(1) of the Criminal Law Act 1976 does not violate the separation of powers or equality provisions of the Constitution because it does not prescribe a fixed mandatory sentence, does not remove judicial discretion as to the type or length of sentence, and the distinction between fixed-term and life prisoners is rational and constitutionally justified.

Court Disposition

Appeal dismissed - High Court order affirmed

Orders

  • Section 13(1) of the Criminal Law Act 1976 upheld as constitutional
  • Appellant's constitutional challenge dismissed