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Cite as: [1998] IESC 52

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Ward v. Minister for Justice [1998] IESC 52 (3rd December, 1998)

AN CHÚIRT UACHTARACH

THE SUPREME COURT

O’Flaherty J,

Murphy J.,

Lynch J,

(281/98)

BETWEEN:

WARD

Appellant

.V.

MINISTER FOR JUSTICE, THE IRISH GOVERNMENT,

THE GOVERNOR OF PORTLAOISE PRISON AND

THE GOVERNOR OF MOUNTJOY WOMENS PRISON

Respondents

Judgment (ex-tempore) delivered on the 3rd day of December, 1998, by O’Flaherty J.

1. Mr. Ward brought forward a complaint that there is a distinction between men and women who have got a sentence of penal servitude. A man is only entitled to a 25% remission and a woman is entitled to one third. This is under the Rules for the Government of Prisons, 1947. Mr. Ward in fact received a prison sentence and as far as sentences of imprisonment are concerned the remission is exactly the same for men and women, so the other question concerning penal servitude is purely academic and I would not give any ruling one way or the other in that regard.

2. O’Donovan J. refused Mr. Ward’s application in his ruling of 14 ^th September, 1998, and I would uphold his ruling and dismiss the appeal.