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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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My patner was sentenced to 4month Imprisonment for false

Customer Question

My patner was sentenced to 4month Imprisonment for false intrument and she appealed it immediately. can you please advise what could happened in the court of appeal and how long does it takes for the appeal to be heard? She has only 1 previous for traffic offence
Submitted: 11 months ago.
Category: Republic of Ireland Law
Expert:  philip.simmons replied 11 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  Buachaill replied 11 months ago.

1. Dear *****, it generally takes three months for an appeal to be heard in the Court of Appeal, so it is likely your friend will be released from prison, if she is already in there, before her appeal will get heard by the Court of Appeal. However, if the Court of Appeal deals with the case, they can revoke the previous sentence and find your friend not guilty of the offence. Generally, terms of imprisonment are only merited in the most serious of cases and as your friend had only one minor previous offence, she was most unlucky to pick up a prison sentence. However, the Court of Appeal can set aside her conviction if she has a good appeal.

Expert:  Buachaill replied 11 months ago.

2. If you want to provide any further information, I will be happy to help further. Please Rate the answer as unless you Rate the answer your Expert does not receive any payment for answering your question.

Customer: replied 11 months ago.
she was surprised that she got a prison sentence. She's out already but what are her chances in the appeal. She's is not appealing being guilty but only appealing the severity of the sentence (4months) what are the things she could say to get a good appeal and what are the likely things to happen?
Expert:  Buachaill replied 11 months ago.

3. Given the fact that she only had one minor previous conviction her chances of winning her appeal on severity are extremely high. In general, credit will be given for her having served her sentence and it is most likely that the sentence will be reduced to being just the period of time she served in prison.

Expert:  Buachaill replied 11 months ago.

4. To win her appeal, it is important that she is seen to regret what occurred and that her counsel makes clear that she has learned her lesson from the incident. Judges like contrition in defendants. Anything she can point to which suggests she will not reoffend will help greatly as well.

Customer: replied 11 months ago.
She didn't serve anytime in prison, she is going from home and she was sentenced and appealed it straightaway. So, she didn't go to prison at all because she just paid some money for bond and she was released from court until her appeal will be heard. im just asking what could happen in the court of appeal.
Expert:  Buachaill replied 11 months ago.

5. As she has not served any time in prison, the court will look at what her attitude towards the actual sentence is, what her demeanour is and how contrite she is. It is important that she doesn't reoffend before the appeal court date. However, be aware that at bottom, she will be very lucky to get away without serving any time in prison.

Expert:  Buachaill replied 11 months ago.

6. It is much more likely that a shorter sentence, such as a one month sentence will be imposed. So, for her sake, it is very important to have a good barrister, preferably a Senior Counsel who will represent her and who will do a good Plea in mitiation on her behalf. If she is lucky she might escape prison altogether and get a suspended sentence.