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Appeal court refuses to hear Lisa Smith bail application just five days she was jailed
Summary
The Court of Appeal declined to consider Lisa Smith's bail application, a former Irish soldier convicted of joining ISIS after travelling to Syria in 2015. Smith was jailed five days earlier for a 15‑month sentence. The three‑judge panel agreed to hear an appeal against the severity of her sentence on October 4, before any appeal of her conviction. Smith's lawyers argued that the Special Criminal Court had not adequately credited the time she spent in Syrian refugee camps and under a nightly curfew, claiming she had effectively served about four years. The court noted a recent judgment that a sentencing court should consider time spent in detention. Smith, 40, had pleaded not guilty to membership of an unlawful terrorist group and was found to have travelled to Syria with "eyes wide open," swearing allegiance to the Islamic State.
Who, what, where, when and why
What: Report matter: Appeal court refuses to hear Lisa Smith bail application just five days she was jailed. Charges or matters: membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019. Procedural stage: appeal
When:
- October 4 Hearing Or Sentence
- October 28th, 2015 Hearing Or Sentence
- December 1st, 2019 Hearing Or Sentence
- 2022-07-27 Publication
Case subjects
Appellant
Charges: membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019 (Alleged Or Contested)
Outcome: While Smith intends to appeal her conviction, Mr Justice Birmingham said the court would be willing to take the "unusual" step of considering the sentence appeal on October 4, before considering the conviction appeal. One of the grounds of appeal against the severity of her sentence will be that the Special Criminal Court did not give enough credit to Smith for the time she spent in refugee camps in Syria before she returned to Ireland in 2019.
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