Case No. 20704Theft (shoplifting) · Co. Kildare · 30 Apr 2021

High Court quashes eight-month sentence for Lidl shoplifting in Sallins, Co Kildare

On 30 April 2021 Manuela Lacatus, a 25-year-old woman, admitted stealing €223 worth of groceries from a Lidl store in Sallins, Co Kildare. In May 2021 Naas District Court jailed her for eight months, and the Circuit Court upheld that sentence on appeal in November 2021. In June 2023 the High Court quashed the eight-month sentence on judicial review, finding the Circuit Court had applied an impermissible fixed approach to jailing her. The matter is due to return before the High Court later in June 2023.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court12 Jun
    3 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Manuela Lacatus, aged 25, admitted stealing €223 worth of groceries from a Lidl store.
Where
The theft took place at a Lidl store in Sallins, Naas, Co Kildare.
When
The theft took place on 30 April 2021.
Charges
The offence was contrary to Section 4 of the 2001 Criminal Justice (Theft and Fraud Offences) Act.
Other details
  • It was pleaded in mitigation that the goods, which were recovered, were taken out of necessity.
  • It was claimed she had attempted to take the goods in a pram and was apprehended while paying for other items.
  • She was pregnant with her fifth child at the time of the offence and had three previous convictions for theft and handling stolen goods.
  • The High Court rejected the argument that her constitutional right to dignity had been breached.
  • The matter is due to return before the High Court later in June 2023.
Sentence
  • Naas District Court jailed her for eight months in May 2021.
  • The sentence was stayed for three months because of the young age of her fifth child, and she later obtained a stay pending the High Court action.
In court
  • The Circuit Court upheld the eight-month sentence on appeal in November 2021.
  • Her lawyers sought judicial review in the High Court, arguing the sentence was extreme and disproportionate, and the Director of Public Prosecutions opposed the challenge.
  • In June 2023 the High Court quashed the eight-month sentence, finding the Circuit Court had applied an impermissible fixed approach to jailing her and had failed to analyse the case individually.
35 statements extracted from the articles
  • whatManuela Lacatus admitted stealing €223 worth of groceries from a Lidl store. (irishtimes.com)
  • whatManuela Lacatus admitted stealing €223 worth of groceries. (kildarenow.com)
  • whatThe High Court quashed the prison sentence imposed on a young mother for stealing groceries from a supermarket. (leinsterexpress.ie)
  • whatShe admitted stealing €223 worth of groceries. (leinsterexpress.ie)
  • whereThe theft took place at a Lidl store in Sallins, Co Kildare. (irishtimes.com, kildarenow.com)
  • whereThe goods were taken from a Lidl store at Sallins. (leinsterexpress.ie)
  • whenThe theft took place on April 30th, 2021. (irishtimes.com)
  • whenThe theft took place on 30 April 2021. (kildarenow.com)
  • whenThe theft happened on 30 April 2021. (leinsterexpress.ie)
  • chargeThe offence was contrary to Section 4 of the 2001 Criminal Justice (Theft and Fraud Offences) Act. (kildarenow.com, leinsterexpress.ie)
  • courtThe Circuit Court upheld the eight-month sentence on appeal in November 2021. (irishtimes.com, kildarenow.com)
  • courtThe High Court quashed the eight-month sentence. (irishtimes.com)
  • courtThe High Court found the lower court's decision to jail her was based on a fixed approach, which is not permissible. (irishtimes.com)
  • courtThe High Court rejected the claim that her constitutional right to dignity was breached. (irishtimes.com)
  • courtThe High Court quashed the eight-month prison sentence. (kildarenow.com)
  • courtThe judge found the Circuit Court's decision to jail her was based on a fixed approach. (kildarenow.com)
  • courtThe judge said the Circuit Court's approach was a failure to analyse the case on an individual basis. (kildarenow.com)
  • courtThe eight-month sentence was upheld on appeal to the Circuit Court in November 2021. (leinsterexpress.ie)
  • courtHer lawyers sought judicial review in the High Court of the Circuit Court's decision, arguing the sentence was extreme and disproportionate. (leinsterexpress.ie)
  • courtThe judge said the Circuit Court judge's decision to jail her was based on a fixed approach, which is not permissible. (leinsterexpress.ie)
  • courtThe judge said she was jailed exclusively due to her previous convictions. (leinsterexpress.ie)
  • courtThe judge rejected the argument that her constitutional right to dignity had been breached. (leinsterexpress.ie)
  • sentenceNaas District Court jailed Manuela Lacatus in May 2021. (irishtimes.com)
  • sentenceNaas District Court jailed her for eight months in May 2021. (kildarenow.com)
  • sentenceIn May 2021 she was jailed for eight months by Naas District Court. (leinsterexpress.ie)
  • sentenceThe sentence was stayed for three months because of the young age of her fifth child. (leinsterexpress.ie)
  • sentenceShe obtained a stay on the sentence pending the High Court action. (leinsterexpress.ie)
  • otherThe defence said the goods, which were recovered, were taken out of necessity. (irishtimes.com)
  • otherThe Director of Public Prosecutions opposed the challenge. (irishtimes.com)
  • otherThe matter will return before the High Court later this month. (irishtimes.com, kildarenow.com, leinsterexpress.ie)
  • otherShe was pregnant with her fifth child at the time of the offence. (kildarenow.com, leinsterexpress.ie)
  • otherShe had three previous convictions for theft and handling stolen goods. (kildarenow.com, leinsterexpress.ie)
  • otherIt was pleaded in mitigation that the goods were taken out of necessity. (kildarenow.com, leinsterexpress.ie)
  • otherThe DPP opposed the challenge. (kildarenow.com, leinsterexpress.ie)
  • otherThe judge rejected the argument that her constitutional right to dignity was breached. (kildarenow.com)

The reporting

newest first
  1. 14 Jun2023
    Court quashes jail sentence on pregnant mum convicted of shoplifting in Lidl

    Reports the High Court quashing the eight-month sentence on judicial review, finding the Circuit Court applied an impermissible fixed policy. Adds the judicial review grounds, DPP opposition, the High Court judgment and the rejected dignity argument.

    convicted, Manuela Lacatus, 25, female, named, non-irish (judged from name)Manuela Lacatus
  2. 14 Jun2023
    High Court quashes jail term for pregnant mum convicted of stealing from Lidl in Kildare

    High Court quashed the eight-month sentence on judicial review after the Circuit Court had upheld it on appeal in November 2021; the matter will return before the High Court later this month.

    convicted, Manuela Lacatus, 25, female, named, non-irish (judged from name)Manuela Lacatus
  3. 12 Jun2023
    High Court quashes eight-month jail term for young mother who stole groceries

    The High Court quashed the eight-month sentence in a judicial review. The judge found the Circuit Court had applied an impermissible fixed policy of incarceration and rejected the dignity and excessive-sentence arguments. The matter returns to the High Court later this month.

    convicted, Manuela Lacatus, 25, female, named, non-irish (judged from name)Manuela Lacatus