(Supreme Court of Ireland) The court looked at a law in which the choice of alternative penalties was left to the executive: ‘There is a clear distinction between the prescription of a fixed penalty and the selection of a penalty for a particular case. The prescription of a fixed penalty is the statement of a general rule, which is one of the characteristics of legislation; this is wholly different from the selection of a penalty to be imposed in an individual citizen’s case; it states the general rule, and the application of that rule is for the Courts . . The selection of punishment is an integral part of the administration of justice, and, as such, cannot be committed to the hands of the executive . . ‘
Citations:
[1963] IR 170
Jurisdiction:
England and Wales
Cited by:
Cited – Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor) PC 1-Dec-1975
The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Commonwealth
Updated: 24 November 2022; Ref: scu.211410