Thomas O'Malley

Senior Lecturer B.A., M.A., LL.B., LL.M.

Contact Details

Senior Lecturer
Dept. of Law
Tower 2, Arts/Science Building
Nui Galway

T: Ext. 2687
E: tom.omalley@nuigalway.ie
 
researcher

Biography

Tom O'Malley is a Senior Lecturer in Law, a member of the Irish Law Reform Commissio and a practising barrister specialising in judicial review. He holds three first-class honours degrees from NUI Galway (B.A. in Latin and French, M.A. in Classics and LL.B.) as well as the LL.M. degree from Yale University. He was a graduate fellow at Yale Law School in 1986-1987 and since then has taught at NUI Galway. In 1992-1993, he was a Visiting Fellow at the Criminology Centre at Oxford University, and in spring 2012 a Visiting Professor of Criminology at Leiden University in the Netherlands. He has also taught at the Law Faculty of Paris V University, and has delivered dozens of guest lectures and presentations in Ireland, Britain and continental Europe.

He has taught many different law subjects to degree level over the past 25 years including Constitutional Law, Contract, Land Law, Equity, Criminal Law, Criminology, Administrative Law and Evidence.  He currently offers two courses on the LL.M. (Public Law) programme, one on sentencing and penal policy and the other on criminal process. His main research interests are in the area of criminal law and criminal justice and he is the author of leading Irish treatises on sex offences, sentencing and criminal procedure. He has served on several committees and working groups at national and international level and is at present a member of the Steering Committee for the Irish Sentencing Information System.

He is currently completing a new edition of Sexual Offences: Law Policy and Punishment which was first published in 1996 and is also working on casebook entitled A Common Law of Sentencing.

Research Interests

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

Peer Reviewed Journals

  Year Publication
(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
(2013) Sexual Offences.
T. O'Malley (2013) Sexual Offences. Dublin: Round Hall. [Details]
(2011) Sentencing: Towards a Coherent System.
O'Malley,T. (2011) Sentencing: Towards a Coherent System. 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]
(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
(2013) 'Living without Guidelines'
Tom O'Malley (2013) 'Living without Guidelines' In: Sentencing Guidelines: Exploring the English Model. Oxford: Oxford University Press. [DOI] [Details]
(2010) 'Early Release from Prison in Ireland'
O'Malley,T. (2010) 'Early Release from Prison in Ireland' In: Release from Prison: European Policy and Practice. Willan Publishing, Cullompton, Devon. [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. 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. 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. 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. ( 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. 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). [Details]

Conference Contributions

  Year Publication
(2012) Sentencing Guidelines: International Perspective,
Thomas O'Malley (2012) Sentencing Guidelines: the case for and against. [Chaired Session], Sentencing Guidelines: International Perspective, All Souls College Oxford , 13-JUL-12 - 13-JUL-12. [Details]

Conference Paper

  Year Publication
(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.
O'Malley,T. (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]

Languages

  Language
Italian
Latin
French
Irish

Consultancy

  Client Description
Private Practice as Barrister
Specialising in constitutional law and administrative law. High Court and Supreme Court litigation only.

Teaching Interests

  • Administrative Law  (LL.B. and B.C.L. programmes)
  • Evidence (LL.B. and B.C.L. programmes)
  • Sentencing and Penal Policy (LL.M. in Public Law programme)
  • Comparative Criminal Process (LL.M in Public Law programme)

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