Homicide Sentencing
Murder
Murder is subject to a mandatory sentence of imprisonment for life. If a person is convicted of murder, the judge has no further role than the imposition of the mandatory life sentence.
The life sentence does not carry the possibility of remission. However, a life prisoner may be subject to early release under the Criminal Justice Act 1960.
Capital Murder
Until 1990, the death penalty was retained for the murder of a member of An Garda SÃochána or a Prison Officer acting in the course of his duties. After the abolition of the death sentence, a special category of murder equivalent to the former offence of capital murder was retained.
The person must have intended or be reckless as to whether the person concerned was a member of An Garda SÃochána or Prison Officer. The court must impose a sentence of not less than 40 years’ imprisonment.
The 1990 Act allows for the possibility of remission in accordance with prison rules. There is provision for limited temporary release. Remission, generally 25% is assumed to be available.
The power to commute or remit a punishment shall not, in the case of a person serving a sentence passed on him on conviction of a murder of a Garda etc. to which or an attempt to commit such a murder, be exercisable before the expiration of the minimum period specified by the court.
The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of the murder of a Garda etc. or an attempt to commit such a murder as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court, and that period shall be reduced by the amount of any remission which he has so earned.
Any power conferred by rules to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence passed on him on conviction of murder of a Garda etc. or an attempt to commit such a murder, be exercisable during the period for which the commutation or remission of his punishment is prohibited unless for grave reasons of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by those reasons.
Attempt, Conspiracy and Soliciting Murder
Attempted murder requires a specific intent rather than simply an intent to inflict serious injury. It carries a tariff of up to life imprisonment.
The attempted murder of the Garda SÃochána or Prison Officer has a minimum mandatory sentence. There is a minimum 20-year sentence for attempted murder.
The facts and circumstances would be relevant. Premeditation would be a significant factor.
In People (DPP) v Nevin, the defendant as being sentenced to life for murder was sentenced to three concurrent sentences of seven years for soliciting a person to murder, her husband. In another case involving very strong mitigating factors, a sentence of only 18 months was imposed, where there were strong mitigating factors.
Manslaughter
Circumstances of manslaughter may vary very considerably. Some cases will fall short of murder whereas others will involve gross negligence. The context will be critical. In some cases, a suspended sentence only may be imposed. In other cases, a life sentence may be imposed.
any cases will be in the middle with sentences of 7 to 12 years. Other cases but may involve higher sentences of 14 to 20 years.
In case of violent manslaughter involving stabbing with a knife, a 20-year sentence is said to be appropriate. However, the Court of Appeal has emphasised that mitigating factors even in the more serious cases, may mean a reduction of the sentence of 10 to 14 years.
Manslaughter involving gross negligence or sudden unexpected death may attract a significantly lower sentence. A suspended sentence may be imposed in a case of severe provocation, particularly following prolonged abuse.
So-called one-punch killings may or may not necessartily attract a custodial sentence. The circumstances may mitigate including, in particular, the absence of premeditation.
Infanticide
Prosecutions for infanticide are virtually unknown in modern times. A verdict of infanticide may be returned on the case of a woman charged with murder of her child under 14.
Attempted suicide
Aiding, abetting, counselling or procuring the suicide of another or an attempt to commit suicide remains an offence. The consent of the DPP is required for prosecution.
The sentence will depend on the circumstances and motivation. In short, suspended sentences have been imposed in other jurisdictions in respect of such offences.