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Burglary conviction upheld as appeal on jury trial location and identification evidence fails
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Court of Appeal dismisses an appeal against a burglary conviction, affirming the original decision of the Circuit Criminal Court. The appellant's request to transfer the trial from Waterford to Dublin was denied due to insufficient evidence to suggest an unfair trial in Waterford. Additionally, the Court found the identification evidence from CCTV footage, recognised by Gardaí, to be neither vague nor tenuous, allowing the case to be rightfully considered by the jury. The appellant's conviction for the theft of approximately €48,000 from a restaurant office remains upheld.
Burglary, appeal, conviction, Court of Appeal, fair trial, trial transfer, identification evidence, CCTV footage, Gardaí recognition, jury decision, Criminal Justice (Theft and Fraud Offences) Act 2001, Courts and Court Officers Act 1995, procedural fairness, evidential foundation, recognition evidence admissibility, surgical face mask, wrongful conviction risk, moderate to good quality footage, certitude of identification, jury directions.
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