Oireachtas Joint and Select Committees

Wednesday, 18 October 2017

Joint Oireachtas Committee on Children and Youth Affairs

Cyber Security: Discussion (Resumed)

9:30 am

Mr. Justice John Quirke:

I do not think that it impacts on sentencing per se. In a sexual offence case, if there is a question in the evidence of previous history, that may be admitted with regard to the crime itself but once the crime has been committed and there has been a conviction, I do not think that the history of the victim would be admissible or relevant to sentencing. The same should apply to this type of offence, once the offence has been proven and there is a conviction. The Deputy makes a point that there might be a history of one person publishing intimate photographs of himself or herself on the Internet. That might be relevant in relation to whether the offence had been committed, but once the offence has been committed, the sentencing process is based on the harm that has been done.