Court of Appeal dismisses appeal of conviction for possession of stolen property - a caravan stolen in the Netherlands found in a halting site in Dublin, on the grounds that: 1) the judge's charge was fair even though certain remarks may have been unwelcome from the defence perspective; and 2) the search warrant which authorised gardaí to carry out the search was valid since the District Court judge had jurisdiction to issue the warrant as the offence of possession of stolen property is one for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of five years, and the Court did not need evidence of a similar penalty being imposed in the Netherlands.
Criminal law – appeal of conviction for possession of stolen property, a caravan, contrary to s. 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – gardaí conducted a search of a halting site at Cloverhill Road where they found Dutch caravan which had been stolen – admissibility of the evidence obtained in the course of the search – validity of the search warrant which authorised gardaí to carry out the search – whether the judge's charge was fair – penalty for the offence in the Netherlands – s. 48 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – section 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – section 20(1) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 – whether the entitlement of a judge of the District Court to issue a warrant is limited to cases involving the investigation of offences in respect of which a person might be punished by imprisonment for a term of 5 years imprisonment – District Court had jurisdiction to issue the warrant – offence of possession of stolen property is one for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of 5 years – warrant was validly issued – appeal dismissed.