Aggravated burglar withdraws appeal after reminder courts can increase sentence

Aggravated burglar withdraws appeal after reminder courts can increase sentence

An aggravated burglar has withdrawn his appeal against sentence following a reminder by a judge that the Court of Appeal has power to increase sentences.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, pleaded guilty at Galway Circuit Criminal Court to aggravated burglary at his neighbour’s house while armed with an imitation shotgun on 13 August 2015.

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

He was due to appeal against the severity of his sentence yesterday.

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 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who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the court would allow the appeal to be withdrawn.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 led away to continue serving his sentence.

Ruaidhrí Giblin, Ireland International News Agency Ltd.

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