In a judgment handed down yesterday, Mr Justice Garrett Simons said the “legitimate legislative purpose” underlying the difference in treatment between a juvenile and adult offender is that “a child who commits murder may have less moral culpability”.

This, he pointed out, is “not affected by the date of sentencing”.

The judgment was delivered in respect of two judicial review proceedings brought by two teenagers charged with murder in connection with alleged events in Blanchardstown, Co Dublin on 24 December 2023.

Both applicants were under 18 at the time of the alleged offence, but have since turned 18. As a result, both faced the prospect of life imprisonment if convicted of murder.

Mr Justice Simons held that there is “no objective justification for the differing treatment afforded to a juvenile offender depending on the happenstance of their age as of the date of sentencing”.

He therefore found that “the sentencing regime for an offence of murder, as currently formulated, does not comply with the guarantee of equality under Article 40.1 of the Constitution of Ireland”.

Submissions on the form of relief will be heard on 9 October 2024.

Séamus Clarke SC and Keith Spencer BL appeared for the first applicant, instructed by Connolly Finan Fleming Solicitors. Mark Lynam SC and Oisín Clarke BL appeared for the second applicant, also instructed by Connolly Finan Fleming Solicitors.

Remy Farrell SC and Joe Holt BL appeared for the first and second respondents, Ireland and the Attorney General, instructed by the Chief State Solicitor.

Feichín McDonagh SC and Kieran Kelly BL appeared for the third respondent, the DPP, instructed by the Chief Prosecution Solicitor.