Sentencing serious sex offenders: How judges decided when discretion is wide.

• In Event: Sentencing 5. Sentencing of Specific Crimes and Specific Offenders

Abstract

This paper examines the sentencing of serious sex offenders and the factors that influence judges in their assessment of seriousness. Sentencing practice in Ireland is notable for its highly discretionary nature and, until relatively recently, could be described as adopting a fairly unstructured approach to imposing punishment. Addressing a lack of high-quality sentencing information in Ireland, this paper combines legal and criminological methodologies in analysing 106 serious sexual offences cases. More specifically, it looks at sentencing outcomes of 15 years imprisonment up to, and including, life imprisonment. The analysis provides an opportunity to explore judicial perspectives on the assessment of seriousness at trial level as well as examining the influence of appellate decisions. The findings indicate that there are specific fact patterns and aggravating factors that result in the imposition of long-term imprisonment. Defendants were often being sentenced for multiple offences and in some instances, there were also multiple victims. In addition to the assessment of the offending itself, factors such as previous criminal history and the risk of reoffending played a significant role in the imposition of long-term imprisonment.

Author

• Diarmuid Griffin, University of Galway