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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
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
to the Privileges Committee.
Resignation of Vice-President
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
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.
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
THE SOCIETY
Proceedings of the Council
108