Activation of four years of a six-year suspended sentence for minor theft was disproportionate

Criminal law – sentencing – appeal against the activation of a suspended sentence – suspended sentence of six years' imprisonment imposed for possession of a controlled drug for the purpose of unlawful sale or supply contrary to s. 15 and s. 27 of the Misuse of Drugs Act 1977 and handling stolen property namely a laptop and an xbox contrary to s. 17 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – theft offence activated four of the six year suspended sentence – whether the sentencing judge erred in principle in imposing that portion of the suspended sentence that he chose to do upon the matter being re-entered pursuant to s. 99 of the Criminal Justice Act 2006 – decision to activate four years of the suspended term was disproportionate – three years of the suspended term – appeal allowed.