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The High Court, by way of judicial review, determines that a mandatory life sentence would be unconstitutional in respect of persons accused of murder when they were minors, but who would be over eighteen by the time of their trial, on the grounds that the distinction based on the offender's age at sentencing, rather than at the time of the offense, is arbitrary and not justified by a legitimate legislative purpose. This decision affirms the principle that moral culpability is not altered by the offender's age at the time of trial and that the current sentencing regime violated the equality guarantee under Article 40.1 of the Constitution of Ireland.
juvenile offenders, murder, mandatory life sentence, constitutional challenge, Article 40.1, equality guarantee, Children Act 2001, moral culpability, sentencing principles, age discrimination, discretionary sentencing, High Court, judicial review, Criminal Justice Act 1990, Parole Act 2019, Supreme Court, Lynch v. Minister for Justice, Equality and Law Reform, procedural history, legislative regime, Oireachtas, presumption of innocence, rational basis, statutory classification, legitimate legislative purpose.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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