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GAZETTE
JULY 1994
as well as in a wide spectrum of indiv-
idual decisions on crimes identical or
similar to Irish ones, considerable
details are furnished of sentences
imposed, general and particular factors
considered in mitigation or
aggravation. In addition, there are fully
set forth the principles formulated to
deal with particular sentencing
scenarios such as where, despite a plea
of guilty, the prosecution and defence
remain at loggerheads over the
particular facts involved. There is
almost an embarrassment of detail here
and, while some in Ireland would
welcome a greater disposition towards
issuing guidelines on the part of the
Court of Criminal Appeal, it is difficult
to imagine an Irish system
countenancing the number of
piecemeal adjustments of penalties that
are non-custodial in the court of first
instance that the author refers to. The
Irish Superior Courts have in fact set
forth certain broad principles
applicable to sentencing, as was done
by the Supreme Court in regard to rape
in
Tiernan
, but have been implicitly
more reluctant to stipulate particular
tariffs than their cross-channel
counterparts, perhaps being wary of
seeming to designate a "push-button"
approach to sentencing, a course for
which the author, whilst formally
disowning, appears to have a certain
hankering.
Apart from the persuasive importance
of the case-law on sentencing, which is
clearly and logically set out, Mr. Wasik
also summarises helpfully all the
relevant procedural areas, including
provisions for young offenders. In this
regard, although the book necessarily
is not concerned with the substantively
and administratively separate Scottish
legal system, it is a pity that no
reference is made to the innovative
panel system in force there for
children's hearings.
Michael Moriarity SC
L i f e A s s u r a n c e a n d T h e F a m i l y
L a w B i l l , 1 9 9 4
The Family Law Bill was published
on 9 February, 1994. When passed it
will give the courts wide powers to
make financial and property orders
after a marriage is annulled.
There are a number of sections which
are relevant to the life assurance
industry.
Life Assurance Policies
In certain circumstances the court
could make a "financial compensation
order" requiring a person to either:
• take out a life assurance policy for the
benefit of his/her former spouse and
dependants, or
• assign an interest in an existing life
assurance policy for the benefit of
his/her former spouse and dependants.
Part of the order may also require
the person to keep up premium
payments.
Splitting of Pension Benefits
The Bill would also allow the courts
to make a "pension adjustment order"
which would split up the pension
scheme entitlement of a pension
scheme member in the event of his/her
Carriage being annulled.
These changes proposed are
revolutionary and will lead to a greater
need for good personal financial advice
in the event of a marriage break-up.
Consult SFS
For further information contact
Tom
Kennedy,
Solicitors Financial Services,
(tel. no. 676 7591) or write to Solicitors
Division, IPT Financial Services, 25-28
Adelaide Road, Dublin 2.
•
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f Surgeons in Ireland
A LEGACYORDONATION
in favour of
The Royal College of Surgeons
in Ireland
contributes to medical education and
training and important research.
Please think of us!
For further details contact:
The Registrar,
Royal College of Surgeons in Ireland,
123 St. Stephen's Green,
Dublin 2.
Tel: (01) 4780200
Charity No. CHY1277
N e w P l a n n i ng a n d
E n v i r o n m e n t a l L a w
J o u r n a l
Brehon Publishing Ltd has launched
Irish Planning and Environmental Law
Journal,
a quarterly publication which
will provide authoritative articles on
the important areas of environmental
and planning law as they effect the
practitioner. The journal will be edited
by
Eamon Galligan,
Barrister and
Bart
Daly
will act as Executive Editor.
The journal is intended for solicitors,
barristers, architects, engineers, town
planners, local authority officers, estate
agents and environmental consultants.
Regular features will include EU
environmental developments,
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and updates on primary and secondary
legislation relevant to planning and
environmental law.
The annual subscription is £90.75
including VAT. An order form may be
obtained from Brehon Publishing,
Brunswick House, Brunswick Place,
Dublin 2. Tel: 677 5111.
Fax: 677 5272.
•
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197