Lynch -v- Minister for Justice Equality and Law Reform & Whelan -v- same [2010] IESC 34 (14 May 2010)

Lynch -v- Minister for Justice Equality and Law Reform & Whelan -v- same [2010] IESC 34 (14 May 2010)

Section 2 of the Criminal Justice Act 1990, mandating a life sentence for murder, is not repugnant to the Constitution. The Oireachtas is entitled to prescribe a mandatory penalty for murder, given its exceptional gravity, and this does not violate the principle of proportionality or the separation of powers. The Minister's power to grant temporary release is an executive function and does not interfere with the judicially imposed sentence. The mandatory life sentence is not incompatible with the European Convention on Human Rights.

Citation
[2010] IESC 34
Parties
Appellant: Paul Lynch; Appellant: Peter Whelan; Respondents: The Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
14 May 2010
Procedural Posture
Constitutional Challenge and Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Mandatory Sentencing, Separation of Powers, Proportionality in Sentencing, Temporary Release of Prisoners, Compatibility With European Convention on Human Rights
Constitutional Law Criminal Law Human Rights Law Mandatory Sentencing Separation of Powers Proportionality in Sentencing Temporary Release of Prisoners Compatibility With European Convention on Human Rights

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Parties

Paul Lynch

Appellant

Peter Whelan

Appellant

The Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Respondents

Procedural Posture

Constitutional Challenge and Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether section 2 of the Criminal Justice Act 1990, mandating a life sentence for murder, is unconstitutional for violating the principle of proportionality and the separation of powers
  2. 2 Whether the mandatory life sentence is incompatible with the European Convention on Human Rights

Ratio Decidendi

Section 2 of the Criminal Justice Act 1990, mandating a life sentence for murder, is not repugnant to the Constitution. The Oireachtas is entitled to prescribe a mandatory penalty for murder, given its exceptional gravity, and this does not violate the principle of proportionality or the separation of powers. The Minister's power to grant temporary release is an executive function and does not interfere with the judicially imposed sentence. The mandatory life sentence is not incompatible with the European Convention on Human Rights.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Section 2 of the Criminal Justice Act 1990 is compatible with the Constitution.
  • Application for a declaration of incompatibility with the European Convention on Human Rights is refused.