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Court of Appeal dismisses appeal of conviction for robbery of a bookmakers and possession of a knife, on the grounds that: a) the trial judge properly admitted CCTV footage of the incident despite a technical breach in relation to proof that it was the original CCTV footage; b) the trial judge was entitled to admit into evidence a still photograph referred to by a garda witness and to refuse the application to re-call a civilian witness since the defence did not cross-examine her on that point; c) the trial judge properly refused to grant a direction at the close of the prosecution’s evidence in relation to identification evidence ;and d) the judge's charge to the jury in relation to identification evidence was adequate.
Criminal law – appeal of conviction for robbery and possession of a blade – s. 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – s. 9(1) of the Firearms and Offensive Weapons Act 1990, as amended by s. 30 of the Criminal Justice (Miscellaneous Provisions) Act 2009 – robbery of a bookmakers – whether the CCTV of the incident was admitted without proof – issues relating to the admission of a photograph downloaded from the CCTV footage – refusal to grant a direction at the close of the prosecution’s evidence in relation to identification evidence – charge to the jury in relation to identification evidence – trial judge properly admitted the CCTV footage – trial judge was entitled to admit into evidence the still photograph referred to by Garda Smyth and to refuse the application to re-call a witness – judge's charge was adequate – appeal dismissed.
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