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The Court of Appeal dismissed an appeal against conviction originating from the Circuit Criminal Court, where the appellant was found guilty of assault causing harm, production of an offensive article, and endangerment during a dispute involving neighbours and ongoing home renovations. The appellant argued his trial was unfair due to the investigation not recovering alleged video footage from a witness's mobile phone, which he claimed would have supported his defence. The Court found no error in the trial judge's refusal to withdraw the case from the jury, concluding that the claim of missing video evidence was speculative, and that sufficient, high-quality CCTV and photographic evidence had been put before the jury. The absence of a mobile video did not create a real risk of an unfair trial, and the original convictions were upheld.
appeal against conviction – assault causing harm – production of offensive article – endangerment – CCTV evidence – mobile phone evidence – duty to preserve evidence – unfair trial – withdrawal from jury – credibility of witnesses – self-defence – Court of Appeal – Circuit Criminal Court – Non-Fatal Offences Against the Person Act 1997 – Firearms and Offensive Weapons Act 1990 – Braddish v DPP – Murphy v DPP – Dunne v DPP – threshold for unfairness in criminal trial
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