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Court of Criminal Appeal, having dismissed an appeal against conviction, dismiss an appeal against the severity of a seven-year term of imprisonment handed down in respect of offences of theft of cheques having a value of €2.8 million, on the basis that, as error of principle has been identified, the Court cannot interfere with the sentence.
Criminal law – sentencing – section 63 of the Courts of Justice Act 1924 – appellant was found guilty by a jury in the Dublin Circuit Criminal Court of 181 counts of theft of cheques having a value of €2.8 million and sentenced to seven years' imprisonment – appeal against conviction dismissed – appeal against sentence – seven years' imprisonment in respect of these offences – whether there is any error in principle that would enable this Court to interfere with that sentence – Court of Criminal Appeal is not engaged in a retrial but in reviewing the correctness in law of the decisions of the court of trial – O’Malley, Sentencing Law and Practice (2nd Ed., Dublin, 2006) – no such error is apparent in the approach of the trial judge in the case under appeal – appeal against sentence dismissed.
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