AN ANALYSIS OF sentences handed down to those convicted of manslaughter over the past six years has highlighted the “individualised and discretionary” nature of the Irish sentencing system.
Although the Irish Sentencing Information System (ISIS) has warned against any claims about inconsistency in the judiciary’s sentencing practices, it takes note of law lecturer Thomas O’Malley’s commentary:
…while we may lack the kind of statistical data and empirical analyses that would help to identify the extent of sentencing disparity, we can conclude with some assurance from reported appeal decision and media reports of sentences imposed by trial courts that there is a degree of discordance in current sentencing practices.
The report, written by a judicial researcher, supervised by a High Court Judge, and issued by the ISIS committee, examined the outcomes in 42 cases of manslaughter during the six-year period.
The cases reviewed provide a snapshot of the various types of manslaughter, that when paired with either mitigating or aggravating factors can result in vastly different sentences for the defendant.
The author notes two cases in the publication’s initial commentary to outline a view that further guidance from the Court of Criminal Appeal regarding categories of manslaughter could help to “clarify ostensible discrepancies”.
In the first of those two cases, a sentence of three years was imposed on a man who had pulled the victim to the ground, kicked her and stamped on her head.
In contrast, another cases saw a sentence of 13 years imposed for an assault where a man had kicked and stamped on the victim’s head.
“Although the assault in question had been particularly vicious and the accused in question had been coming from a bail hearing on the day of the incident, without further insight into all the circumstances of both cases, it remains impossible to discern whether there is a real and distinct disparity between the two sentences imposed for what appear to be comparatively similar cases,” the author states.
Suspended sentences
Although a prison sentence will be imposed in most cases of manslaughter, two rare suspended sentences were recorded between 2007 and 2012.
A mother-of-four was given a five-year suspended sentence after being found guilty of the manslaughter of her husband. Their long marriage had been marked by violence and excessive drinking. The accused hit her husband in the head with a hammer 23 times while he slept. Both the defence and prosecution agreed she was suffering from a mental disorder and severe depression at the time. She was found guilty of manslaughter by diminished responsibility.
The trial judge said that no matter how difficult people’s lives are, they cannot take the law into their own hands. In suspending the five-year jail term, he stated that it was significant her four children did not want her to go to prison.
Similarly, a teenage boy who was handed a six-year sentence had it suspended after being convicted of provocation manslaughter. His father was an alcoholic and had been sent to buy food for the household. When he came home drunk in the early hours of the morning with no dinner, the defendant grabbed him and punched him. He left him outside the house, where he had fallen, with a pillow and duvet. He was found dead the next morning.
The trial judge said it was only in extraordinarily exceptional circumstances that custody for an unlawful killing could not be imposed – and that this was one such case, because the defendant had just turned 18, had no previous convictions, no propensity for violence and that there was no evidence that he was a risk to others.
On the whole, according to the report, sentences tend to be more lenient where the offender is young, where the level of violence is not too severe and where a guilty plea has been offered at an early stage. These are discretionary guidelines used by a judiciary but are not principles that can be found on written record.
At the other end of the scale, the imposition of a life sentence is also rare. However, it was recognised as a constitutionally and legally sound option for a maximum sentence in the DPP versus RMcC case.
The most common sentence handed down for assault manslaughter is six years. These cases mostly involve arguments which took places after the accused had taken drugs and/or alcohol. They frequently involved a knife as a weapon.
Other jurisdictions
While Irish sentencing practice promotes a “discursive approach” with considerable emphasis on individual discretion, other jurisdictions are aiming for a more “structured approach”.
The UK’s Sentencing Council for England and Wales has produced guidelines for the judiciary and monitors the impact of practice there.
Similarly, the US has established the United States Sentencing Commission, an independent agency that establishes guidelines to be consulted by the judiciary regarding the appropriate form and severity of punishment for offenders convicted of federal crimes. It appears that part of its mandate is to narrow the wide disparity that discretionary sentencing can sometimes produce.
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