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Child sentencing practice 'crying out for legislation,' Urantsetseg Tserendorj case hearing told

Date
2023-01-20
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Central Criminal Court heard submissions in the case of an unnamed boy, now 17, who was 14 when he murdered Mongolian national Urantsetseg Tserendorj on January 20, 2021. The boy pleaded not guilty to the murder but guilty to manslaughter on January 29, 2021. The State did not accept his plea, and he twice stood trial for her murder. A reduced panel jury found him guilty of murder by a majority verdict of 10 to one after eight hours and 59 minutes of deliberations. He also pleaded guilty to producing a knife and attempting to rob Ms Tserendorj on a walkway between George's Dock and Custom House Quay in the IFSC, Dublin on January 20, 2021. Mr Justice Tony Hunt adjourned the sentence hearing until next month to allow him time to consider the options available to him. The judge raised concerns about the lack of statutory basis for sentence reviews in cases involving minors, noting that the Court of Appeal has ruled that suspended sentences cannot be imposed on minors. The matter was adjourned and never described as concluded or finalised.

Who, what, where, when and why

What: Report matter: Child sentencing practice 'crying out for legislation,' Urantsetseg Tserendorj case hearing told. Charges or matters: the murder of Ms Tserendorj but guilty to her manslaughter on January 29, 2021; producing a knife and to attempting to rob Ms Tserendorj on a walkway between George's Dock and Custom House Quay in the IFSC, Dublin on January 20, 2021. Procedural stage: appeal. Findings: Found guilty

When:

Why: Because he was just 14 when he killed Ms Tserendorj, the usual mandatory sentence of life in prison does not apply. CNI source report

Case subjects

Unnamed boy

Defendant

Charges: the murder of Ms Tserendorj but guilty to her manslaughter on January 29, 2021; producing a knife and to attempting to rob Ms Tserendorj on a walkway between George's Dock and Custom House Quay in the IFSC, Dublin on January 20, 2021 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Mr Justice Hunt said the important thing to consider was whether the reviewing judge would have the option to suspend any part of the sentence or whether the judge would "have to bring the curtain down" and release the defendant without any suspended sentence conditions. Unfortunately the Court of Appeal has said you can't suspend a period of detention imposed on a minor," counsel said.; The judge adjourned the sentence hearing until next month to allow him time to consider the options available to him.

Places mentioned

Court Venue
  • Central Criminal Court
  • Court of Appeal
Facility
  • Custom House
  • Mater Hospital
Secondary Mention

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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