Tom O'Malley

Tom O'Malley
B.A.(NUI), M.A.(NUI), LL.B.(NUI), LL.M.(Yale), B.L. (King’s Inns)

Room 408, Floor 2, Tower 2
email: tom.omalleynuigalway.ie

Tom O'Malley is a Senior Lecturer in Law. He has taught in the Law School since 1987, having previously been a graduate Fellow at Yale Law School.  He was also a Visiting Fellow at the University of Oxford Centre for Criminological Research for the academic year 1992-1993. He has taught a wide variety of subjects within the School but in recent years has concentrated on the areas of criminal justice, administrative law and evidence. He is also a practising barrister. He has served on several law reform bodies, including a committee established to review the qualifications for appointment to the High Court and Supreme Court judiciary, and the Working Group on the Jurisdiction of the Criminal Courts (the Fennelly Committee) which reported in 2003. He is currently a member of a steering committee appointed by the Courts Service to consider the establishment of a sentencing information system. He has published books on sexual offences, criminal justice, sentencing, and sources of law, as well as many law journal articles. He is currently working on two book-length projects, one entitled Principled Discretion: Towards a Coherent Sentencing system (due for publication in 2010) and the other White Collar Crime: Regulation and Punishment. New editions of earlier works on sentencing and sexual offences are also in progress.

CURRENT TEACHING

• Administrative Law  (LL.B. and B.C.L. programmes)
• Evidence (LL.B. and B.C.L. programmes)
• Sentencing and Penal Policy (LL.M. (Public Law) programme)
• Comparative Criminal Process (LL.M (Public Law) programme)

RESEARCH INTERESTS

• Sentencing
• Criminal Law (particularly sexual offences)
• Criminal Procedure
• Jury Law
• Administrative Law

A SELECTION OF PUBLICATIONS

Books

• The Status of the Irish Language: A Legal Perspective (Dublin: Bord na Gaeilge, 1990) 42 pp.
• Sexual Offences: Law, Policy and Punishment (Dublin: Round Hall/Sweet and Maxwell, 1996), 511 pp.
• Sources of Law: An Introduction to Legal Research and Writing  2nd edition ( Dublin : Round Hall/Sweet and Maxwell, 2001), 357 pp.
• Sentencing Law and Practice 2nd edn (Dublin: Thomson Round Hall, 2006), 717pp.
• The Criminal Process (Dublin; Round Hall/Thomson Reuters, 2009), 1079 pp.

Articles and Book Chapters

• "Common Law Crimes and the Principle of Legality" (1989) 7 I.L.T. 243 – 247
• "Intoxication and Criminal Responsibility" (1991) 1 I.C.L.J. 86 – 101.
• "Punishment and Moral Luck: The Role of the Victim in Sentencing Decisions" (1993) 3 I.C.L.J. 40 – 60.
• “The United Nations Convention on the Rights of the Child: A Challenge for Ireland” in The Rights of the Child: Irish Perspectives on the U.N. Convention (Council for Social Welfare, Dublin 1991) 17-36.
• “The Royal Commission on Criminal Justice” *(1993) 3 I.C.L.J. 97-118.
• "Prosecution Appeals against Sentence" (1993) 11 I.L.T. 121 -125.
• "Resisting the temptation of elegance: sentencing discretion reaffirmed" (1994) 4 I.C.L.J. 1 – 30.
• "The First Prosecution Appeal against Sentence" (1994) 4 I.C.L.J. 192 -204.
• "Sentencing Murderers: The Case for Relocating Discretion" (1995) 5 I.C.L.J. 31 – 66.
• "The Power to Punish: Reflections on Deaton v. AG (1963) " in E. O'Dell (ed), Leading Cases of the Twentieth Century ( Dublin : Round Hall Sweet and Maxwell, 2000), pp. 196-207.
• (with J. Jackson and K. Quinn), “The Jury System in Contemporary Ireland” in N. Vidmar (ed.) World Jury Systems (Oxford University Press, 2000) 283-318.
• "Principled Discretion: Towards the Development of a Sentencing Canon" (2001) 7:3 Bar Review 135 – 139.
• "Principles of Sentencing: Some Recent Developments" (2001) 1:1 Judicial Studies Institute Journal 50 – 63.
• "A Representative and Impartial Jury" (2003) 8:6 Bar Review 232 -235.
• “Sentencing Values and Sentencing Structures” (2003) 3 Judicial Studies Institute Journal 130-155
• “Principles of Sentencing: Towards a European Conversation” in M Cupido (ed), Limits of Criminal Law (Wolf Legal Publishers, Nijmegen, the Netherlands, 2009), pp. 37-53;
• “Sentencing Recidivist Sex Offenders: A Challenge for Proportionality” in I. Bacik and L Heffernan (eds), Criminal law and Procedure: Current Issues and Emerging Trends (Firstlaw, Dublin, 2009), pp. 106-133.
• “Responding to Institutional Abuse: The Law and its Limits” in T. Flannery (ed), Responding to the Ryan Report (Columba Press, Dublin, 2009), pp. 95-100.
• “Early Release from Prison in Ireland” in N. Padfield, D.van Zyl Smit and F. Dünkel (eds), Release from Prison: European Policy and Practice (Willan Publishing, Cullompton, Devon, 2010), pp. 237-265.

 A Selection of recent conference papers

• “The European Arrest Warrant: A Practitioner’s Perspective”, ICEL Conference, Royal Irish Academy, November 2006
• “Alternatives to Imprisonment”, Chairperson’s opening remarks at Encounter Conference (British and Irish Government initiative), Edinburgh, December 2006.
• “One Hundred Years of Criminal Appeals” Kilkerrin Law School, March 2007
• “Recent Developments in Sentencing” Round Hall Conference, Dublin, March 2007
• “Sentencing Drug Offenders” Annual Prosecutors Conference, Dublin Castle, May 2007
• “The Sentencing of Drug Offenders” Circuit Court Judges’ Conference, July 2007
• “Mutual Assistance Initiatives in European Criminal Law” ICEL Conference, Royal Irish Academy, November 2007
• “Principles of Sentencing: Towards a European Conversation”, Leiden University Law School, January 2008, and Strathclyde University Law School, May 2008.
• “Tiernan Twenty Years on: Sentencing Serious Sex Offences”, Round Hall Conference, Dublin, April 2008.
• “The ends of sentence: imprisonment and early release in Ireland” paper delivered to European seminar on early release from prison, Fitzwilliam College, Cambridge University, June 2008.
• “A Sentencing Information System as a way forward for Ireland” International Society for the Reform of the Criminal Law, 22nd Annual Conference, Dublin Castle, July 2008.
• “The Role of the Prosecution in Sentencing” Annual Prosecutors Conference, Dublin Castle, May 2008.
• “The Effectiveness of Recent Child Protection Legislation”, NOTA conference Galway, May 2008
• “Reforming the law on unlawful carnal knowledge in the wake of CC v Ireland, Criminal Law Conference, University College Cork, June 2008.
• “Sentencing Information Systems” (with Dr. Cyrus Tata of Strathclyde Law School), Annual Conference of European Criminology Association, Edinburgh, September 2008.
• “Sentencing on the Record: the Problem of Recidivist Offenders” Criminal Law Conference, Trinity College Dublin, December 2008.
• “Responding to Business and Economic Crime” Bar Council CPD Seminar, Dublin, March 2009.
• “Sentencing the Recidivist Sex Offender” Round Hall Criminal Law Conference, Dublin, July 2009.

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