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Court of Appeal dismisses appeal of Circuit Court order refusing to permit appellant to set aside his pleas of guilty to theft and criminal damage offences, and the subsequent sentence imposed of three years' imprisonment, on the grounds that: a) the trial judge was best placed to adjudicate on the credibility and reliability of the witnesses who were called on the issues in controversy; b) the appellant was fit to plead, fit to instruct counsel, and able to receive and comprehend advice from his legal representatives; and c) the sentence imposed was correct and proportionate.
Criminal law – appeal of Circuit Court order refusing to permit appellant to set aside his pleas of guilty to theft and criminal damage offences – s .4 of the Criminal Justice (Theft and Fraud Offences) Act 2001– s. 2 of the Criminal Damage Act 1991 – whether the trial judge had adequate regard to the vulnerability of the appellant arising from his mental health issues – Walsh on Criminal Procedure (2nd edn.) – trial judge was best placed to adjudicate on the credibility and reliability of the witnesses who were called on the issues in controversy – appeal against the severity of a three year sentence – s.8 of the Criminal Justice Act 1951 – sentence imposed was correct and proportionate – appeal dismissed.
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