Professor John Mee:

In terms of discretion, the Law Reform Commission has said that taking the property away automatically would be unconstitutional but that if it is done case by case basis, it would not be thus. What was overlooked, however, is the fact that the case-by-case basis has to relate to the principle, to the basis on which one is taking the property of the killer. If the discretion relates to pinning down the benefit obtained by the person and then taking that off him or her, that is okay. If one is just looking at random factors that have been taken from the divorce legislation, however, even though the parties may not be married or even in a civil partnership or co-habitation-----