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“I don’t tend to favour suspended sentences simplyfor this reason that I think that sentencing is the
rough end of the business of the Courts when it comes to public perception and I think the
sentences perhaps should be structured ideallyon the basis of what you see is what you get… [A]s I
say I don’t tend to favour suspended sentences…[as]things in themselves. The more serious the
case, the less suitable it is in principle but you have to consider the Defendant as well and the
younger the Defendant or the fact that he has a clean record, those are very significant
considerations. There may also be considerations such as the effect of even a short sentence on
him, for example people who may lose their job if they serve any time at all in jail. The length is
immaterial. In that case one might consider it but in general myreservation is as what I said that I
think sentences ought to be easilycomprehended. There should not be small print in them ideally
and one does see suspended sentences with a huge amount of small print…I mean I think the man
on the street becomes cynical if he sees a sentence with huge portions of it suspended. He tends to
say what does that mean? And even a long sentence, newspapers as you may have noticed tend to
report a sentence without regard to the fact that all or some of it is suspended. You have to read
the second or third paragraph. I think that makes people very cynical. They think that you would
not know. There was a remarkable case in Cork some years ago where an individual, I think it was
a religious charged with multiple counts of assaulting boys, got you could saya sentence in excess of
30 years but only 18 months was to be served. The example of the sex case, I have mentioned, oh
there was a huge sentence but onlya tinyamount to be served.”A8J1SC.
Whatever about the efficacyof deterrent sentencing in the literature, the judges interviewed
placed significant emphasis on the deterrent value and purpose of the suspended sentences
which theymake:
“Where he is at the very lowest category which would warrant a prison sentence for a start.
Secondlywhere there is something to be achieved in terms of deterrence into the future and a lot of
cases have that whether it is public order or whether it is domestic violence or a whole lot of other
things where his future behaviour contributes tremendously to people outside of him; where there
is a benefit to other people.”A4J1DC.
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“It is a deterrent andthat is howI woulduse it.”A1J2DC.
“I look upon it as a deterrent.”A1J5DC.
Some of the judges emphasised the rehabilitative aspect of the suspended sentence which
hopefully would follow a severe reprimand and a suspended sentence or as a regime
imposed on the offender to change his/her lifestyle;
“A last warning before prison…like J3 had originally said at the start, where he was going to