O'Leary v R

O'Leary v R

Despite errors in the Recorder's summing up and directions, the overwhelming evidence of the appellant's dishonesty and targeting of vulnerable victims rendered the verdicts safe and the sentences appropriate.

Source-derived case information.

Parties
Appellant: Patrick O'Leary; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Fraud, Theft, Bad Character Evidence, Sentencing, Hearsay Evidence, Capacity of Witnesses, Cross Admissibility, Misdirection, Vulnerable Victims
Criminal Law Fraud Theft Bad Character Evidence Sentencing Hearsay Evidence Capacity of Witnesses Cross Admissibility +2 more

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Summary, issues, holding and outcome

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Parties

Patrick O'Leary

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the Recorder wrongly directed the jury on cross-admissibility of evidence
  2. 2 Whether the Recorder wrongly informed the jury of his ruling on witness capacity
  3. 3 Whether the Recorder wrongly permitted rebuttal evidence

Ratio Decidendi

Despite errors in the Recorder's summing up and directions, the overwhelming evidence of the appellant's dishonesty and targeting of vulnerable victims rendered the verdicts safe and the sentences appropriate.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence of 6 years and 4 weeks imprisonment upheld