Appeal court judge replaces suspended sentence for stealing €1 packet of ham from Cork shop with €50 fine

Stealing a €1 packet of sliced ham from a shop resulted in the culprit getting a five-month suspended jail term but the appeal court judge replaced the sentence with a €50 fine.

Judge Dara Hayes said at Cork Circuit Appeals Court that the sentence imposed last year at Cork District Court would have taken account of the fact that the accused had 15 previous theft convictions and that the value of the stolen item was not the only issue.

“Spar and other shops are entitled to run their business without having their products stolen. 

"It might be considered to be a small amount but shoplifting is a significant problem for shopkeepers. It is not the value of it but the significant quantity of items stolen from them,” Judge Hayes said.

However, after considering submissions from the appellant’s barrister, Orla Meere, Judge Hayes decided to replace the suspended jail term with the nominal fine.

Ms Meere told the judge that the accused, 32-year-old John Ryan who had been living at St Vincent’s hostel, Anglesea Terrace, Cork, had completely turned his life around since the theft occurred back in September 2021 and was now in employment.

Sergeant John Kelleher said the shoplifting incident occurred at Spar on Douglas Street, Cork, on September 29 2021, when a packet of sliced ham priced at €1 was taken. 

When interviewed later by gardaí, Mr Ryan said he did not remember the incident.

Ms Meere said the accused had not come to any adverse garda attention for at least a year now and had spent five months in a residential treatment programme to deal with addiction difficulties.

“His previous history is appalling but he attributes that to alcohol and drug abuse. 

"He has come a long way since this offence,” Ms Meere said.

Judge Hayes agreed and said: “He seems to have turned his life around entirely.” 

The judge said that in light of the person now appearing in court a custodial or suspended sentence would not be appropriate for the theft. 

Judge Hayes replaced the five-month suspended sentence with the €50 fine.