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Court of Appeal: 1) dismisses appeal against burglary conviction, finding that the non-disclosure of DNA evidence and fingerprints could not have been of any significance to defence and that opening remarks that the appellant was arrested while “signing on” were not detrimental to the defence case; but 2) allows the appeal in respect of sentence by substituting a sentence of six years, with the final two suspended, where the trial judge’s starting point was unduly high.
Criminal law – appeal against burglary conviction – whether prosecution failed to make full disclosure – whether gardai failed to investigate the involvement of another person – DNA evidence and finger print evidence – disclosure of the fact that there had been confession by a third party, a minor, saying that he had acted alone – jury told in opening speech that appellant was arrested while signing on – common design – conviction appeal dismissed – sentence appeal allowed – starting point of eight years was unduly high.
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