The Gazette 1973

EDITORIAL A Sentencing Policy One of the reforms that require to be investigated by Mr. Cooney, the Minister for Justice, would seem to be that of an equitable sentencing policy in criminal cases. As the circumstances of each case are necessarily differ- ent, it would hardly be possible to lay down hard and fast rules. But there is little doubt that, in order to avoid if possible the unavoidable discrepancies that exist between District Justices on the one hand and Circuit Judges on the other in imposing punishment for

similar offences, it would be wise to lay down some broad guidelines which should normally be followed. Professor Rupert Cross has studied the problem in England in detail and has suggested some useful re- forms, such as annual conferences between all District Justices and separate annual conferences between Cir- cuit Judges, with detailed agendas to consider the mat- ter. This is certainly an area where standard sentences for standard crimes would seem to be beneficial.

THE SOCIETY Proceedings of the Council

G. Finnegan who recently resigned. It was announted that Mr. Cafferky would take up duty on April 30th. Building Society's letter A member who acted for a client who sought a loan from a building society and forwarded to the Society a letter which the client received from the building society containing the following statement: Please insert the solicitor's full name and address. If you have not got a solicitor we suggest you would find it beneficial to use the society's solicitor. Please return the acceptance offer signed and leave the solicitor's name and address blank. The Council on a report from a committee were of the opinion that the letter i sopen to serious objection and that the building society should be requested to delete from any letter issued by them an invitation to engage the building society's solicitor and substitute a request to the applicant for the loan to state the name and address of his own solicitor. It was also decided that in the event of the building society's declining to accept the Society's recommendation the solicitors who act for this particular building society should be notified of the Society's views. Professional privilege A member acted for the vendor of property. There are a number of charges on the L folio which together amount to less than the purchase money but there is also a mortgage registered in the Registry of Deeds only which was registered after the opening of the L folio. This if added to the register charges would esceed the amount of the purchase money. Member enquired whether in answer to requisitions he should disclose the existence of the Registry of Deeds mortgage. The mis- take appears to have arisen by an error made by a

5th APRIL 1973 The President in the chair, also present: Messrs W. B. Allen, Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, Nicholas S. Hughes, Thomas Jackson, Jnr., John B. Jermyn, John Maher, Gerald J. Moloney, Eunan McCarron, Patrick J. McEllin, Brendan A. McGrath, Patrick Noonan, John C. O'Car- roll, Peter E. O'Connell, Dermot G. O'Donovan, James W. O'Donovan, William A. Osborne, Peter D. M. Prentice, Mrs Moya Quinlan, Robert McD. Taylor and Ralph J. Walker. The following was among the business transacted. Stock Exchange commissions Following the integration of the Dublin and U.K. Stock Exchanges Dublin stockbrokers are now offering commission to solicitors for- the introduction of business. The Council discussed the propriety of acceptance of commissions of this kind and the matter was referred Mr. Thomas J. Fitzpatrick, Vice-President, wrote tendering his resignation as Vice-President following his appointment as Minister for Lands. It was unani- mously resolved to accept Mr. Fitzpatrick's resignation and to thank him for his services. It was also unani- mously resolved that Mr. Patrick C. Moore be appointed junior Vice-President in place of Mr. Fitzpatrick. Appointment of Assistant-Secretary Mr. Patrick Cafferky, B.C.L., LL.B. (N.U.I.), was appointed as Assistant-Secretary in place of Mr. Joseph to the Privileges Committee. Resignation of Vice-President

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