Theft and Fraud Offences

Theft

Section 4 of the Criminal Justice (Theft and Fraud) Offences Act 2001 states that a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

In the majority of cases of theft they are dealt with in the District Court. However, for theft related offences the defendant has a right to election. This means that the defence can elect to either stay in the District Court or to send the case forward to the Circuit Court. We would advise that you carefully consider this decision as the Circuit Court has greater sentencing powers than the District Court. We have years of experience in representing clients in both the District and the Circuit Court and if you require legal assistance or representation please do not hesitate in contacting our office.

Burglary

Section 12 of the Criminal Justice (Theft and Fraud) Offences Act 2001 states that a person is guilty of burglary if her or she:

• • (a) enters any building or part of a building as a trespasser and with intent to commit an arrestable offence, or
  • (b) having entered any building or part of a building as a trespasser, commits or attempts to commit any such offence therein.

Similar to other theft related offences, the defendant has a right to election and can request the case to be sent forward to the Circuit Court.

We will always advise clients to consider this decision carefully and we would advise that you arrange an appointment with a Solicitor before making a decision. It is important to have full disclosure in advance of any decision to elect.

We advise that, before making any decision in any case, it is imperative that you have all of the evidence the State are relying upon and therefore you know exactly what the prosecution are alleging and how they intend to prove their case. We can go through the evidence with you and give you informed advice before we indicate to the Court how we intend to plead.

We advise that you should not rush into any decision and if you have any queries our office will always be in a position to offer you a consultation to discuss any of your concerns.

Robbery

Section 14 of the Criminal Justice (Theft and Fraud) Offences Act 2001 states that a person is guilty of robbery if he or she steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

A large proportion of robbery cases are sent forward to the Circuit Court. However, the DPP can direct the case to stay in the District Court. If a decision is made to keep the case in the District Court the presiding Judge will have to consider Jurisdiction and decide to disagree or agree with the DPP.

If the Judge decides to keep the case in the District Court we will always ask for full disclose before we sit down and discuss our options.

If the Judge decides to send the case forward a Book of Evidence will be considered by an instructed Barrister.

Should you receive a charge sheet for an allegation of Burglary or the Gardai are seeking to question you regarding an alleged Burglary you can always contact our office and we can provide you with the advice and representation that you require.