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Custodial sentence for thefts from widow’s pension fund upheld
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Court of Appeal dismisses appeal against severity of sentence, on the grounds that no error of principle was identified where, although the appellant was a 52-year-old man of previous good character at the time of the offences, there had been serious dishonesty committed against a vulnerable victim.
Offence: five counts of theft
Original sentence: three years imprisonment with the final 12 months suspended
Appeal by: defence, on ground that suspending one half rather than one third of the sentence would have been appropriate
Outcome: appeal dismissed
Grounds: Circuit Court judge was correct that this was a case that required a custodial sentence despite previous good character, this was serious dishonesty committed by someone who was abusing trust and hospitality and against a vulnerable victim; no error of principle had been identified
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
