FACULTY OF BUSINESS
Department of Law, Public Service and
Education
Law Continuous Assessment Brief
Programme Title and Year: BA in Law with Criminal Justice - Year 4
Winter Semester, Academic year 2023/24.
Module Title: Sentencing Law & Policy
Assessment Title:
Module Assessment Dec.’23
Internal examiner: Marianne Dee
External Examiner: Lughaidh Kerin
Continuous Assessment -
Percentage of total Semeste
Assessment: 100%
Faculty of Business Assessment Policy documents can be found in
‘Student Guidelines’ at the following link:
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Submission Date: Option A - An electronic copy to be
submitted on or before 9.30am on Monday,
the 19/12/’23 via Blackboard Turnitin and a
hard copy thereof to be handed to the lecture
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in room 2268A at 9.30am on the same date.
Option B – An electronic copy of the
powerpoint to be submitted on or before
9.30am on Monday, the 19/12/’23 via
Blackboard Turnitin and a hard copy of the
powerpoint to be handed to the lecturer at the
commencement of the student’s presentation
which will be delivered
during scheduled classes in the week
eginning the 19/12/’23.
Instructions: Read the scenario detailed below and then
complete eithe
Option A or B
hereunder (pg. 4)
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XXXXXXXXXXSCENARIO
XXXXXXXXXXThe Circuit Court
XXXXXXXXXXNorthern Circuit
XXXXXXXXXXLetterkenny
XXXXXXXXXXCounty Donegal
XXXXXXXXXXRecord No. DLP0052/21
XXXXXXXXXXDIRECTOR OF PUBLIC PROSECUTIONS
XXXXXXXXXXv-
XXXXXXXXXXROBERT BURKE
At Letterkenny District Court on the 20th of March 2023, the above named accused was sent
forward, on signed pleas of guilty, to Letterkenny Central Criminal Court for sentencing in
espect of the following three offences:-
1. Burglary, contrary to s.12(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001
2. Rape, contrary to s.2(1) of the Criminal Law (Rape) Act 1981
3. Assault causing serious harm, contrary to s.4 of the Non-Fatal Offences against the Person
Act 1997;
Burglary and Rape Offences
On Wednesday, the 5th of January 2021 at 1.15am, the accused, wearing a wig and mask, entered
Sarah Holmes’ house and stole her nest egg of €50,000 euro which she had kept in a box unde
the stairs. He had been high on cocaine at the time. The accused had learned about this money
when, a couple of months prior to the incident, he had overheard Ms. Holmes’ son Frank
pleading with his mother to lodge the money in the bank. The Holmes had been in the garden at
the time and the accused, a window cleaner, had been outside cleaning the windows. The
accused had decided there and then to steal the money but had also decided to wait a couple of
months so that suspicion would not fall on him. He had not initially intended to hurt Ms. Holmes
ut she had resisted and the accused, in a sudden and blinding rage, raped her. It took place in
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the kitchen, was very
ief and not much force was used as Ms. Holmes was paralysed with fear.
Ms. Holmes has been traumatised by the events of that day and is receiving weekly counselling.
She had retired two months prior to the incident at the age of 60 and had plans to take a numbe
of courses and travel extensively. She lives in constant fear and no longer feels safe in her home.
She finds it difficult to socialise with her friends and family and feels very isolated. She cannot
sleep or concentrate and the potential of her ‘golden’ retirement years has been shattered.
The defendant spent the entire €50,000 euro on drink, drugs and gambling.
Assault Causing Serious Harm Offence
On Friday, the 9th of December 2021 at 8.35pm, the accused, whilst shopping in the local corne
store for more vodka (he had drunk a bottle already that day), was asked to leave by, Ted
Warden, the shop owner. He flew into a blind rage and punched 47 years old Mr. Warden on the
side of his head and kicked him in the stomach when he fell to the ground. He then staggered out
of the shop. Mr. Warden lost his hearing in his right ear and had to receive surgery for a ruptured
kidney as a result of the assault. His quality of life has been severely affected as he has
developed clinical depression from the trauma. He is no longer the man he was and therefore the
lives of his wife and 14 years old twin boys have been adversely impacted also.
The Defendant
Robert Burke is 22 years old (born on 16/02/2001). He is a window cleaner. His parents were
oth alcoholics and physically and mentally abused him throughout his childhood. He also
developed a drink and drug dependency from the age of 13 to 21 years. His aunt who had been
living in Australia for years, returned to Ireland in January 2022 and the defendant has resided
with her since April 2022. She has been a tremendous support to the defendant who has been
eceiving treatment for his drug and alcohol addiction for the previous 11 months and is making
excellent progress. He has been diagnosed with Post Traumatic Stress Disorder due to his
childhood experiences of abuse and neglect. The main symptoms of this disorder that he suffered
from were having angry or aggressive outbursts and engaging in risky, reckless, or destructive
ehavior. He is now on medication which successfully manages these symptoms and is receiving
therapy for the underlying causes of the PTSD. He is very remorseful for his actions and has
written letters of apology to his victims.
Option A
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You are the sentencing judge. Provide a written judgment of the sentences you
have determined and the process, principles, factors and guidelines by which
you reached your determination. (Word Count – max. 1,750)
XXXXXXXXXXO
Option B
Deliver a powerpoint presentation (15 minutes max.) in which you assess the
appropriate sentences that should be imposed in the above scenario and
examine the process, principles, factors and guidelines by which a sentencing
judge would so determine.
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The process, principles, factors and guidelines by which a sentencing judge would so determine.
· Introduction
The defendant was sent forward from Letterkenny District Court on signed pleas of ....
· Factual Background
Factual details of crimes committed.
· Facts arising from the Sentencing Hearing
Impact on victim. personal circumstances of defendant
· Approach to Determination of appropriate Sentence
Goals of sentencing, proportionality principle - seriousness of the offences - aggravating factors to the specified offences, harm caused to the victim - headline sentence.
· Guideline Judgments re range of penalties
Casey, FE, Fitzgi
on etc
· Headline Sentences
Determine appropriate headline sentences for each of the three offences.
· Mitigating Factors
Identify the applicable mitigating factors in respect of the offender.
Quantity the discount on headline sentence merited by the mitigating factors - of what percentage??
Suspended. Concu
ent. Consecutive Sentences??
· Totality Principle
Review the sentences in light of this principle.
· Conclusion - actual sentences imposed.