Staff Profiles

Mr. THOMAS O'MALLEY

B.A., M.A., LL.B., LL.M.

Contact Details

Associate Professor of Law
Tower 2, Arts/Science Building
University of Galway
T: 091 492687
E: tom.omalley@universityofgalway.ie
https://sentencingcrimeandjustice.wordpress.com/

Biography

Tom O'Malley is an Associate Professor of Law, a Senior Counsel and a member of the Inner Bar of Ireland. He holds three first-class honours degrees from the University of Galway (B.A. in Latin and French, M.A. in Classics and LL.B.) as well as an LL.M. degree from Yale University. He was a Graduate Fellow at Yale Law School in 1986-87 and since then has taught law at University of Galway. He served as a member of the Irish Law Reform Commission from 2013 to 2020. He spent the academic year 1992-1993 as a Visiting Fellow at the Centre for Criminological Research at the University of Oxford and the Spring term of 2012 as a Visiting Professor of Criminology at the University of Leiden (The Netherlands). He has served on several committees and law reform bodies including the steering committee for the Irish Sentencing Information System, the Working Group on the Jurisdiction of the Criminal Courts (the Fennelly Committee) and, currently, a committee established by the Minister for Justice to review the operation of the civil legal aid scheme. He also chaired an interdepartmental working group on protections for vulnerable witnesses in the investigation and prosecution of sexual offences which reported in 2020. As a practising barrister since 2001, he has argued some dozens of cases before the High Court, the Court of Appeal and Supreme Court, including some of the leading sentencing guideline cases. His main research interests are in the areas of sentencing, sexual offences and criminal procedure.

Research Interests

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

Peer Reviewed Journals

	Year	Publication
	(2020)	'Consent in the Law Relating to Sexual Offences' O'malley, T;Hoven, E (2020) 'Consent in the Law Relating to Sexual Offences'. Core Concepts In Criminal Law And Criminal Justice: Anglo-German Dialogues. Vol I, :135-171 [Details]
	(2020)	'Proportionality of Punishment in Common Law Jurisdictions and in Germany' Frase, RS;Momsen, C;O'Malley, T;Washington, SL (2020) 'Proportionality of Punishment in Common Law Jurisdictions and in Germany'. Core Concepts In Criminal Law And Criminal Justice: Anglo-German Dialogues. Vol I, :213-260 [Details]
	(2019)	'Sentencing Guidelines, Legal Transplants and an Uncertain Future' Tom O'Malley (2019) 'Sentencing Guidelines, Legal Transplants and an Uncertain Future'. Irish Criminal Law Journal, 29 :94-104 [Details]
	(2018)	'That Measure of Wise Clemency: Defending the Suspended Sentence' Tom O'Malley (2018) 'That Measure of Wise Clemency: Defending the Suspended Sentence'. Irish Criminal Law Journal, 28 :39-53 [Details]
	(2017)	'Choice Architecture and the Selection of Sentence' Tom O'Malley (2017) 'Choice Architecture and the Selection of Sentence'. Irish Law Times, :262-267 [Details]
	(2017)	'Judgment and Calculation in the Selection of Sentence' O'Malley, T (2017) 'Judgment and Calculation in the Selection of Sentence'. Criminal Law Forum, 28 :361-389 [DOI] [Details]
	(2017)	'Judgment and Calculation in the Selection of Sentence' Tom O'Malley (2017) 'Judgment and Calculation in the Selection of Sentence'. Criminal Law Forum, 28 :361-389 [DOI] [Details]
	(2003)	'Sentencing Values and Sentencing Structures' O'Malley,T. (2003) 'Sentencing Values and Sentencing Structures'. Judicial Studies Institute Journal, 3 :130-155 [Details]
	(2003)	'A Representative and Impartial Jury' O'Malley,T. (2003) 'A Representative and Impartial Jury'. Bar Review, 8 (6):232-235 [Details]
	(2001)	'Principles of Sentencing: Some Recent Developments' O'Malley,T. (2001) 'Principles of Sentencing: Some Recent Developments'. Judicial Studies Institute Journal, 1 (1):50-63 [Details]
	(2001)	'Principled Discretion: Towards the Development of a Sentencing Canon' O'Malley,T. (2001) 'Principled Discretion: Towards the Development of a Sentencing Canon'. Bar Review, 7 (3):135-139 [Details]
	(1995)	'Sentencing Murderers: The Case for Relocating Discretion' O'Malley,T. (1995) 'Sentencing Murderers: The Case for Relocating Discretion'. Irish Criminal Law Journal, 5 :31-66 [Details]
	(1994)	'The First Prosecution Appeal against Sentence' O'Malley,T. (1994) 'The First Prosecution Appeal against Sentence'. Irish Criminal Law Journal, 4 :192-204 [Details]
	(1994)	'Resisting the temptation of elegance: sentencing discretion reaffirmed' O'Malley,T. (1994) 'Resisting the temptation of elegance: sentencing discretion reaffirmed'. Irish Criminal Law Journal, 4 :1-30 [Details]
	(1993)	'“The Royal Commission on Criminal Justice' O'Malley,T. (1993) '“The Royal Commission on Criminal Justice'. Irish Criminal Law Journal, 3 :97-118 [Details]
	(1993)	'Prosecution Appeals against Sentence' O'Malley,T. (1993) 'Prosecution Appeals against Sentence'. Irish Law Times, 11 :121-125 [Details]
	(1993)	'Punishment and Moral Luck: The Role of the Victim in Sentencing Decisions' O'Malley,T. (1993) 'Punishment and Moral Luck: The Role of the Victim in Sentencing Decisions'. Irish Criminal Law Journal, 3 :40-60 [Details]
	(1991)	'Intoxication and Criminal Responsibility' O'Malley,T. (1991) 'Intoxication and Criminal Responsibility'. Irish Criminal Law Journal, 1 :86-101 [Details]
	(1989)	'Common Law Crimes and the Principle of Legality' O'Malley,T. (1989) 'Common Law Crimes and the Principle of Legality'. Irish Law Times, 7 :243-247 [Details]

Books

	Year	Publication
	(2023)	Sentencing: A Modern Introduction. Tom O'Malley (2023) Sentencing: A Modern Introduction. Dublin: Clarus Press. [Details]
	(2016)	Sentencing Law and Practice. Tom O'Malley (2016) Sentencing Law and Practice. Dublin: Thomson Reuters. [Details]
	(2013)	Sexual Offences. Tom O'Malley (2013) Sexual Offences. Dublin: Thomson Reuters. [Details]
	(2009)	The Criminal Process. O'Malley,T. (2009) The Criminal Process. Dublin: Round Hall/Thomson Reuters. [Details]
	(2006)	Sentencing Law and Practice. O'Malley,T. (2006) Sentencing Law and Practice. Dublin: Thomson Round Hall. [Details]
	(2011)	Sentencing: Towards a Coherent System. O'Malley,T. (2011) Sentencing: Towards a Coherent System. Dublin: Thomson Reuters. [Details]
	(2001)	Sources of Law: An Introduction to Legal Research and Writing 2nd edition. O'Malley,T. (2001) Sources of Law: An Introduction to Legal Research and Writing 2nd edition. : Dublin : Round Hall/Sweet and Maxwell. [Details]
	(1996)	Sexual Offences: Law, Policy and Punishment. O'Malley,T. (1996) Sexual Offences: Law, Policy and Punishment. : Dublin : Round Hall/Sweet and Maxwell. [Details]
	(1990)	The Status of the Irish Language: A Legal Perspective. O'Malley,T. (1990) The Status of the Irish Language: A Legal Perspective. Dublin: Bord na Gaeilge. [Details]

Book Chapters

	Year	Publication
	(2020)	'Core Concepts in Criminal Law and Criminal Justice' Richard Frase, Carsten Momsen, Tom O'Malley and Sarah Lisa Washington (2020) 'Core Concepts in Criminal Law and Criminal Justice' In: Proportionality of Punishment in Common Law Jurisdictions and in Germany. Cambridge: Cambridge University Press. [Details]
	(2020)	'Core Concepts in Criminal Law and Criminal Justice' Tom O'Malley and Elisa Hoven (2020) 'Core Concepts in Criminal Law and Criminal Justice' In: Consent in the Law Relating to Sexual Offences. Cambridge: Cambridge University Press. [Details]
	(2019)	'White-Collar Crime in Ireland: Law and Pol' Tom O'Malley (2019) 'White-Collar Crime in Ireland: Law and Pol' In: Sentencing White-Collar and Corporate Crime. Dublin: Clarus Press. [Details]
	(2013)	'Living without Guidelines' Tom O'Malley (2013) 'Living without Guidelines' In: Sentencing Guidelines: Exploring the English Model. :218-235 Oxford: Oxford University Press. [DOI] [Details]
	(2010)	'Early Release from Prison in Ireland' Tom O'Malley (2010) 'Early Release from Prison in Ireland' In: Release from Prison: European Policy and Practice. :237-265 Cullompton, Devon: Willan Publishing. [Details]
	(2009)	'“Sentencing Recidivist Sex Offenders: A Challenge for Proportionality' O'Malley,T. (2009) '“Sentencing Recidivist Sex Offenders: A Challenge for Proportionality' In: Criminal law and Procedure: Current Issues and Emerging Trends. :106-133 Firstlaw, Dublin. [Details]
	(2009)	'“Principles of Sentencing: Towards a European Conversation' O'Malley,T. (2009) '“Principles of Sentencing: Towards a European Conversation' In: Limits of Criminal Law. :37-53 Wolf Legal Publishers, Nijmegen, the Netherlands. [Details]
	(2009)	'“Responding to Institutional Abuse: The Law and its Limits' O'Malley,T. (2009) '“Responding to Institutional Abuse: The Law and its Limits' In: Responding to the Ryan Report. :95-100 Columba Press, Dublin. [Details]
	(2000)	'The Power to Punish: Reflections on Deaton v. AG (1963)' O'Malley,T. (2000) 'The Power to Punish: Reflections on Deaton v. AG (1963)' In: Leading Cases of the Twentieth Century. :196-207 ( Dublin : Round Hall Sweet and Maxwell). [Details]
	(2000)	'The Jury System in Contemporary Ireland' Jackson,J, Quinn,K. (2000) 'The Jury System in Contemporary Ireland' In: World Jury Systems. :283-318 Oxford University Press. [Details]
	(1991)	'The United Nations Convention on the Rights of the Child: A Challenge for Ireland' O'Malley,T. (1991) '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). :17-36 [Details]

Published Reports

	Year	Publication
	(2020)	Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. Tom O'Malley (2020) Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. Department of Justice, Dublin. [Details]

Conference Paper

	Year	Publication
	(2022)	Creating Sentencing Guidelines in Ireland: An Exercise in Legal Translation? North-South Criminology Conference. Tom O'Malley (2022) Creating Sentencing Guidelines in Ireland: An Exercise in Legal Translation? North-South Criminology Conference. University of Limerick: Conference Paper [Details]
	(2021)	Sentencing Methodology and Sentencing Guidelines: Recent Developments. Tom O'Malley (2021) Sentencing Methodology and Sentencing Guidelines: Recent Developments. Annual State Solicitors Seminar Conference Paper [Details]
	(2021)	Special Measures for Vulnerable Witnesses. Tom O'Malley (2021) Special Measures for Vulnerable Witnesses. Faculty of Law, University of Edinburgh Conference Paper [Details]
	(2020)	Special Provisions for Vulnerable Witnesses. Tom O'Malley (2020) Special Provisions for Vulnerable Witnesses. Dublin: Annual Conference of Prosecutors Conference Paper [Details]
	(2018)	Defending the Suspended Sentence. Tom O'Malley (2018) Defending the Suspended Sentence. Faculty of Law, University of Oxford Conference Paper [Details]
	(2016)	Judgment and Calculation in the Selection of Sentence. Tom O'Malley (2016) Judgment and Calculation in the Selection of Sentence. Institute of Criminology, University of Cambridge Conference Paper [Details]
	(2009)	Responding to Business and Economic Crime. Bar Council CPD Seminar. O'Malley,T. (2009) Responding to Business and Economic Crime. Bar Council CPD Seminar. Dublin: Conference Paper [Details]
	(2009)	Sentencing the Recidivist Sex Offender. Round Hall Criminal Law Conference. Tom O'Malley (2009) Sentencing the Recidivist Sex Offender. Round Hall Criminal Law Conference. Dublin: Conference Paper [Details]
	(2008)	The Role of the Prosecution in Sentencing. Annual Prosecutors Conference. O'Malley,T. (2008) The Role of the Prosecution in Sentencing. Annual Prosecutors Conference. Dublin Castle: Conference Paper [Details]
	(2008)	Sentencing on the Record: the Problem of Recidivist Offenders. Criminal Law Conference. O'Malley,T. (2008) Sentencing on the Record: the Problem of Recidivist Offenders. Criminal Law Conference. Trinity College Dublin: Conference Paper [Details]
	(2008)	Principles of Sentencing: Towards a European Conversation. Leiden University Law School. O'Malley,T. (2008) Principles of Sentencing: Towards a European Conversation. Leiden University Law School. Conference Paper [Details]
	(2008)	Reforming the law on unlawful carnal knowledge in the wake of CC v Ireland. Criminal Law Conference. O'Malley,T. (2008) Reforming the law on unlawful carnal knowledge in the wake of CC v Ireland. Criminal Law Conference. University College Cork: Conference Paper [Details]
	(2008)	The ends of sentence: imprisonment and early release in Ireland. European seminar on early release from prison. O'Malley,T. (2008) The ends of sentence: imprisonment and early release in Ireland. European seminar on early release from prison. Fitzwilliam College, Cambridge University: Conference Paper [Details]
	(2008)	Tiernan Twenty Years on: Sentencing Serious Sex Offences. Round Hall Conference. O'Malley,T. (2008) Tiernan Twenty Years on: Sentencing Serious Sex Offences. Round Hall Conference. Dublin: Conference Paper [Details]
	(2008)	Principles of Sentencing: Towards a European Conversation. Strathclyde University Law School. O'Malley,T. (2008) Principles of Sentencing: Towards a European Conversation. Strathclyde University Law School. Conference Paper [Details]
	(2008)	A Sentencing Information System as a way forward for Ireland. International Society for the Reform of the Criminal Law, 22nd Annual Conference. O'Malley,T. (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: Conference Paper [Details]
	(2008)	Sentencing Information Systems. Annual Conference of European Criminology Association. O'Malley,T. (2008) Sentencing Information Systems. Annual Conference of European Criminology Association. Edinburgh: Conference Paper [Details]
	(2008)	The Effectiveness of Recent Child Protection Legislation. NOTA conference. O'Malley,T. (2008) The Effectiveness of Recent Child Protection Legislation. NOTA conference. Galway: Conference Paper [Details]
	(2007)	Recent Developments in Sentencing. Round Hall Conference. O'Malley,T. (2007) Recent Developments in Sentencing. Round Hall Conference. Dublin: Conference Paper [Details]
	(2007)	One Hundred Years of Criminal Appeals. Kilkerrin Law School. O'Malley,T. (2007) One Hundred Years of Criminal Appeals. Kilkerrin Law School. Conference Paper [Details]
	(2007)	Sentencing Drug Offenders. Annual Prosecutors Conference. O'Malley,T. (2007) Sentencing Drug Offenders. Annual Prosecutors Conference. Dublin Castle: Conference Paper [Details]
	(2007)	Mutual Assistance Initiatives in European Criminal Law. ICEL Conference, Royal Irish Academy. O'Malley,T. (2007) Mutual Assistance Initiatives in European Criminal Law. ICEL Conference, Royal Irish Academy. Conference Paper [Details]
	(2007)	The Sentencing of Drug Offenders. Circuit Court Judges' Conference. O'Malley,T. (2007) The Sentencing of Drug Offenders. Circuit Court Judges' Conference. Conference Paper [Details]
	(2006)	Alternatives to Imprisonment. Chairperson's opening remarks at Encounter Conference (British and Irish Government initiative). O'Malley,T. (2006) Alternatives to Imprisonment. Chairperson's opening remarks at Encounter Conference (British and Irish Government initiative). Edinburgh: Conference Paper [Details]
	(2006)	The European Arrest Warrant: A Practitioner's Perspective. ICEL Conference, Royal Irish Academy. O'Malley,T. (2006) The European Arrest Warrant: A Practitioner's Perspective. ICEL Conference, Royal Irish Academy. Conference Paper [Details]