Minister entitled to rely on nature and gravity of offence when refusing enhanced remission

Judicial review – prisoner challenging decision to refuse him enhanced remission – convicted of aggravated burglary - sentenced to a term of imprisonment of ten years - by virtue of his engagement in “authorised structured activity” whilst in prison he is thereby entitled to “enhanced remission” of his sentence in excess of one quarter but not exceeding one third - Minister having had regard to the nature and gravity of the offence, the potential threat to the safety and security of the public, and the Garda view, that he is not less likely to reoffend and is not better able to re-integrate into the community - requested “the Garda Report” – no reply – argues that the refusal was refusal was “capricious, arbitrary or unjust” - whether the prisoner is entitled to the discovery in these proceedings - relevant Prison Rules - did not make an unqualified acknowledgement of his guilt - has not co-operated with the Gardaí or given any assistance to them in their endeavours to bring the other three perpetrators before the courts - power to remit a prison sentence - provided the Minister has nominated such a reason or reasons for his decision, a wide margin of appreciation must be allowed to the Minister - scope for judicial review is limited - discovery is available is these cases - each case must be decided within its own “evidential context” - no proper or any evidential foundation has been laid to even suggest that the Minister’s reliance on “the Garda view” was in any way “arbitrary, capricious or unjust” – discovery request on speculative basis - designed not to assist a case that has already been made but rather to assist a case that may or may not unfold from an inspection of the document whose discovery is sought - must demonstrate that the relevant document or material is required to resolve a live issue that arises from evidence - failed to demonstrate the required or any “evidential context” to show why discovery is necessary – application for discovery refused - prisoner’s criminal record but more importantly the particular facts and circumstances of his or her offending ought to be the defining context for the Minister’s determination of whether and to what extent the prisoner’s subsequent participation in incentivised activities in prison can offer a reliable guide as to likely future conduct in society - no rule of law which says that the Minister cannot rely predominantly or exclusively on “static” matters and specifically the nature and gravity of the offence for which the prisoner has been convicted - facts and circumstances of the Prisoner’s offending are so serious and alarming in their nature and gravity as to afford a sufficient ground on its own to warrant refusal of enhanced remission – judicial review refused.