Supreme Court dismisses appeals from the Court of Appeal, and affirms two Circuit Court orders in which District Court convictions or sentences were affirmed on appeal, and determined: (a) that it was not necessary for the Circuit Court to hear evidence prior to affirming a District Court order, if an appellant had failed to appear or to prosecute the appeal, on the grounds that the appeal operated as a stay and the failure to appear cause the stay to be lifted and the original order to stand; and (b) that it was not necessary for the District Court or Circuit Court to recite in a committal warrant the fact that the court had considered community service as an alternative to imprisonment, on the grounds that the requirement of a warrant was that it be clear and unambiguous, not that it set out all matters to be considered by the court prior to sentence.
Dunne J (nem diss): Criminal law - summary trial - whether conviction and / or sentence in District Court required full re-hearing if appealed to Circuit Court where appellant fails to appear or to prosecute the appeal - whether committal warrant was rendered invalid if it omitted reference to the sentencing judge having considered the suitability of a community service order prior to imposition of sentence - theft offence - driving offences - whether Circuit Court had jurisdiction to affirm order of District Court without hearing any evidence - courts of limited and local jurisdiction - Article 34.3.4° of the Constitution - jurisdiction of appellate court - s. 3 of the Criminal Justice (Community Service) Act 1983.