The High Court has ordered the immediate release of Ion Ilie from Castlerea Prison after finding a fundamental error in the sentencing process following his appeal in Galway Circuit Court.
Ilie had pleaded guilty to two theft offences arising from an incident in a Galway licensed premises on March 19, 2016. He and an accomplice stole €300 from Mr Fullard. CCTV later showed Ilie using the victim’s bank card and PIN to withdraw a further €200 from an ATM.
In the District Court, Ilie received six months' imprisonment for the first theft and a consecutive three-month term for the second, which was suspended. He appealed to the Circuit Court.
At the appeal hearing on June 9, 2016, his lawyer expressly asked the judge to consider community service. The Circuit Court instead imposed six months' imprisonment on the first charge and a concurrent three months on the second.
A recording of the hearing showed the judge responding to the community-service submission by saying: “No, I’m not going to consider a community service order.”
That proved decisive in the High Court.
Under section 3 of the Criminal Justice (Community Service) Act 1983, as amended in 2011, a court that considers a prison sentence of 12 months or less appropriate must also consider whether community service should be imposed instead. The High Court said that obligation is mandatory.
Mr Justice McDermott distinguished cases where a judge simply failed to mention community service. Here, the judge had expressly said that he would not consider it after the issue had been raised by the defence.
The court found that this was not merely a technical sentencing error but a fundamental failure to apply a statutory requirement. As Ilie was being detained under warrants flowing from that sentence, the detention was not in accordance with law.
The High Court therefore directed his immediate release under Article 40.4.2 of the Constitution.