Courts / Dublin / Report

Judge in Urantsetseg Tserendorj sentencing says legislative intervention required

Date
2023-02-08

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

The Central Criminal Court adjourned sentencing of a 17‑year‑old convicted of murdering Urantsetseg Tserendorj to allow the Oireachtas to consider legislative reform for juvenile serious offenders. Judge Tony Hunt noted the Children Act 2001 lacks provisions for suspended sentences or post‑release conditions, making a 13‑year review unsuitable. He preferred a life detention with review but, due to the law's gaps, would have to impose a life sentence without review. The defendant, 14 at the time of the offence, pleaded guilty to manslaughter and was found guilty of murder. The judge highlighted the victim's background, the violent nature of the stabbing, the defendant's prior convictions, and mitigating factors such as family support and rehabilitation signs. The sentencing was postponed to 22 February pending legislative response.

Who, what, where, when and why

What: Report matter: Judge in Urantsetseg Tserendorj sentencing says legislative intervention required. Charges or matters: her manslaughter on January 29, 2021; her murder by a jury last year. Procedural stage: sentence. Findings: Found guilty

When:

February 22 Adjournment
January 29, 2021 Adjournment
January 20, 2021 Adjournment
January 18 Other
2023-02-08 Publication

Why: He identified what he called a "yawning gap" in the legislation which he said "cries out for reform," and "should be attended to because it is merited on its own terms and, if not, it will thrust litigation upon the State. CNI source report

Case subjects

Unnamed accused

Convicted Person

Charges: her manslaughter on January 29, 2021; her murder by a jury last year (Proven)

Plea: Guilty

Finding: Found guilty

Outcome: Found guilty; However, he said there are concerns regarding what can and can't be done by judges when a person sentenced as a juvenile comes before them for review. Before the judge imposed the sentence, Mr O'Higgins for the defence asked to be heard.; Mr Justice Hunt adjourned the matter to February 22.