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Court of Appeal dismisses appeal against conviction for theft offences, finding in respect of the trial judge’s charge that: 1) the judge properly and adequately recharged the jury after making reference to the potential risk to the garda witness’ evidence if he was being untruthful about finding a stolen bank card and money on the accused’s person at the time of arrest; and 2) the judge’s comments that the applicant may have lied about his reasons for being out at 2.30 a.m. were not to the applicant’s detriment.
Criminal law – judge’s charge to jury – appeal against convictions for offences contrary to s. 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 and s. 112 of the Road Traffic Act 1961 – taxi stolen – judge’s charge referring to the evidence of the garda witness’ evidence that he had found a stolen bank card and money on the applicant’s person at the time of his arrest – reference made to the potential risk to the garda witness’ career – trial judge properly and adequately dealt with the requisition arising from these comments, and his redirection to the jury on the issue was appropriate, reasonable and proportionate – applicant may have lied about his reasons for being out at 2.30 a.m. – judge’s comments were not inappropriate, and in any event were probably in aid of the Applicant rather than detrimental to him – appeal dismissed.
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