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[2] O'Boyle seeks leave to appeal out of time against an order of His Honour Judge Grant refusing him leave to vacate his pleas of guilty, leave to appeal out of time having been refused by Gillen LJ, and also appeals with leave of the single judge against the indeterminate custodial sentence imposed upon him. Smyth appeals with leave of the single judge against the cumulative sentence imposed upon him. All the charges against both O'Boyle and Smyth arise from the same set of circumstances.
[6] Police found banknotes, a mobile phone, a balaclava and rubber gloves on waste ground at the Dub playing fields. Bank notes were found in the back garden of an Upper Malone Road home next to where Smyth had been seen to emerge. There was a hole in the hedge between that home and the premises where Smyth was seen before he was arrested. The third male was never located. A total of �5,570 in cash and 20 cheques totalling �2,823 were found by police either upon the persons of O'Boyle and Smyth or in the locality where they had been arrested.
O'Boyle's application for leave to apply out of time to appeal the refusal to allow him to vacate his plea of guilty
[8] As noted above, O'Boyle was re-arraigned and pleaded guilty to the six counts on 19 January 2015. He was at the time represented by Ms McDermott QC and Mr Fox of counsel and his solicitors were Messrs Breen Rankin Lenzie. His case was adjourned for the preparation of reports and subsequent sentencing. However, within a day or so, O'Boyle had reflected upon his decision to alter his pleas and wanted to revert to pleas of "Not Guilty" as a result of which his then lawyers applied and were permitted to come off record.
[10] However the new legal team did not then apply to vacate the pleas. They obtained the original solicitors' contemporaneous handwritten notes relating to the consultation with Ms McDermott prior to the change of plea and wrote to Ms McDermott who provided a detailed account dated 30 March 2015 of her consultation with O'Boyle prior to his decision to be re-arraigned and plead guilty to the six counts. It was not until 20 April 2015 that an application to vacate the pleas was moved.
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