Court of Appeal dismisses appeal of conspiracy and theft convictions arising from attempt to steal cash from a cash transit vehicle, on the grounds that the ruling of the Circuit Court judge to exclude from the panel of potential jurors people resident in Ballymun, Finglas and Cabra (where appellant and his co-accused, as well as the deceased, were strongly associated with the relevant areas in Dublin) was within her discretion, and was a practical and sensible decision she was entitled to make.
Criminal law – appeal of conspiracy and theft convictions – s. 71 of the Criminal Justice Act 2006 – s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – whether the trial judge erred in principle and in law by excluding from the panel of potential jurors resident in Ballymun, Finglas and Cabra – directions given in relation to the empanelling of the jury – appellant and his co-accused, as well as the deceased, were strongly associated with the relevant areas in Dublin – law relating to the composition of juries – Article 38.4.5 – section 6 of the Juries Act 1976 – section 26 of the Courts (Supplemental Provisions) Act 1961 – section 32 of the Courts and Courts Officers Act 1995 – decision of the judge to accede to an application to exclude persons living within a particular area from service on the jury in what might be described as a blanket ruling – Circuit Court judge acted appropriately and was entitled to make a measured, practical and sensible decision in relation to the empanelling of the jury – appeal dismissed.