An Irishman transferred to prison here after being sentenced in England for smuggling €3 million worth of heroin and cannabis has been unconditionally freed by the Supreme Court due to differences between the sentencing systems in Ireland and the UK.
Because the Irish system does not allow for the licensed release envisaged for Vincent Sweeney for the second half of his 16-year sentence, his release will not be subject to any conditions.
Sweeney (51), Glendallon, Ballytivnan, Co Sligo, and Robert McGowan (43), Cartron Estate, Sligo, were sentenced in December 2006 to 16 and 18 years respectively over smuggling drugs into England.
Heroin and cannabis
Their trial heard a horsebox driven by Sweeney with McGowan as passenger was intercepted by UK customs in Dover on March 28th 2006 with 25kg of heroin and 600kg cannabis resin in a concealed compartment.
Sweeney was sentenced to 16 years involving eight years in prison after which he would be released on licence for another eight years on terms including being subject to recall to prison for breach of licence.
He secured transfer to an Irish prison in 2008 and, in legal proceedings, argued he was entitled to release on March 29th. The High Court rejected his claim and upheld arguments by the Minister for Justice that his sentence was 16 years subject to remission meaning, including time on remand, his release date was November 2016.
Unanimously overturned
A five-judge Supreme Court unanimously overturned that decision in late May and directed his release. In judgments yesterday, Mr Justice Frank Clarke and Mr Justice John Murray, gave reasons and Chief Justice, Ms Justice Susan Denham, Mr Justice Adrian Hardiman and Mr Justice John MacMenamin, agreed.
Mr Justice Clarke said this case involved an “important” question concerning proper application of the provisions of the 1995 Act with the net legal issue arising from the fact the sentencing system in Ireland is very different from that in the UK.
Under the UK Criminal Justice Act 2003 prisoners sentenced to terms of more than a year serve 50 per cent of their overall period in custody and are automatically released on licence for the remaining 50 per cent with the possibility of being returned to custody.
In Ireland, unless part of a sentence is suspended, a prisoner is liable to serve the entire period of imprisonment subject to remission.
