Consecutive sentences not unconstitutional where offence committed during existing prison sentence

MacMenamin J (judgment of the court): Criminal law - sentencing - provision that sentence for offence committed while in custody should be consecutive to existing sentence - whether provision constitutional - appeal from High Court (Murphy J) – separation of powers – Article 6 of the Constitution – sentencing power of the judiciary – custodial sentences for offences committed whilst serving a sentence in prison are to be consecutive – Law Reform Commission’s Report on Mandatory Sentences, published on the 12th June, 2013 – Section 13 of the Criminal Law Act 1976 – whether the mandatory consecutive nature of such sentences impermissibly offends against the discretion which should reside with the judiciary – principle of double construction – principle of proportionality – once there was a choice of penalty prescribed by the legislature, any question of the exercise of that choice by the executive would be tantamount to an administration of justice by the executive and thus offend against the principle of separation of powers – “Mandatory Sentences”, the Law Reform Commission – offences committed whilst on bail (s. 11(1) of the Criminal Justice Act 1984, as amended) – Article 49(3) of the Charter of Fundamental Rights of the European Union – Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 - totality in sentencing - whether unconstitutional discrimination.