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High Court refuses to quash Circuit Court order sentencing applicant to six months' detention, finding, inter alia, that: (a) while the allegations of misconduct that were admitted in evidence were not the subject of criminal convictions, the facts were not disputed so the presumption of innocence did not arise and the sentencing judge was entitled to proceed on the basis that the evidence was reliable; and (b) the sentencing judge was entitled to hear all the relevant evidence, including evidence of the applicant's misconduct, in deciding whether or not a period of probation supervision would be appropriate.
Application for judicial review seeking order of certiorari quashing Circuit Court order - applicant's contention that he was deprived of presumption of innocence in Circuit Court appeal to sentence - had been sentenced in District Court to detention for 6 months for stealing mobile phones - Circuit Court judge took into consideration reference to post-conviction misconduct referred to in a probation report - no conviction in respect of this misconduct - DAR obtained of Circuit Court hearing - evidence of post-offence misconduct not confined to single incident - reliability of this account not questioned - purpose for which evidence of the misconduct was admitted - whether Circuit Court judge exceeded his jurisdiction by taking an irrelevant factor into consideration.
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