Thursday 22 August 2019

Aggravated burglar withdraws appeal after reminder court has power to increase sentences

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Ruaidhrí Giblin

An aggravated burglar has withdrawn his appeal against sentence following a reminder by a judge that the Court of Appeal has power to increase sentences.

Daniel Barrett (23), with an address at Castlepark, Ballybane, Co Galway, pleaded guilty at Galway Circuit Criminal Court to aggravated burglary at his neighbour's house while armed with an imitation shotgun on August 13, 2015.

He was sentenced to eight years imprisonment by Judge Rory McCabe on November 23, 2016.

Barrett was due to appeal against the severity of his sentence today.

However, at the callover of cases listed before the three-judge Court of Appeal on Monday, Mr Justice George Birmingham said Barrett should be reminded of the “full range of powers” available to the court.

A short time later, counsel for Barrett, Garnet Orange SC, said that he had advised his client and “in light of the comment” the court made earlier, “Mr Barrett has instructed that he wishes to withdraw the appeal”.

Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the court would allow the appeal to be withdrawn. He remarked that Barrett had been “very well advised”.

Barrett was lead away to continue serving his sentence.

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