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deal with the suspendedin a statutoryframework. Section 50 of the Bill provided:
Section 50
“(1) Where a sentence of imprisonment or fine (other than a sentence or fine
which the Court is required by law to impose) is imposed on a person on his
beingconvictedof an offence;
(a) the Court shall, subject to section 49(4)(b) of this Act, have
power to suspend the sentence or fine on such conditions
(other than a condition restricting the person’s choice of a
countryof residence) as it thinks proper”.
The use of the phrase “where a sentence of imprisonment… is imposed” could be
interpreted as placing an obligation upon the court to deal with the penalty in accordance
with O’Keefe principles as otherwise the sentence would emerge as a via media or lesser
penalty than a truly contemplated custodial sentence. But, the section also contemplated
the suspension of the payment of a fine provided the offender was compliant with
specified conditions. This points clearly to a rationale of deterrence only as no issue of
custody arises. However, the rationale for the current suspended sentence in Ireland
cannot be gleaned from legislative proposals which failed to be enacted into law, however
clarifyingtheymayappear. 82
At the time of writing this study there are few indicators to suggest that Irish sentencers
impose suspended sentences exclusively in accordance with O’Keefe and Mah Wing
principles as advocated by O’Malley (2000) and Walsh (2002). Invariably, the developed
case law tends to deal instead with particular circumstances appropriate to the imposition
of the suspended sentence for individual offenders (People (D.P.P.) –v- McCormack
supra). 83 While the fewreported cases mayinferentiallytouch upon the O’Keefe principles,
the ubiquitous use of the suspended sentence at all levels of the criminal courts in Ireland
requires a more detailed study of the court’s practices when using the suspended sentence
andthe purpose of such practices.
82 The rationale for the statutorysuspendedsentence under Section 99 of the Criminal Justice Act 2006 will be separatelydiscussedin Chapter 7.
83 These touch upon, inter alia, the severity of a prison sentence upon a foreigner (People (DPP) – v – Alexiou supra) and the severity of custody on a person of advanced years
convicted of sexual offences of some vintage (People at the suit of the DPP –v- J.M. [2002] 1IR 363) where public disgrace for both the offender and his familycombined with his
fragile state of mindandphysical health warrantedsuch suspension, age alone apart
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