Supreme Court, on appeal from Court of Criminal Appeal on point of law of exceptional public importance, finds that Court of Criminal Appeal is the appropriate court vested with jurisdiction to consider the revocation of a suspended sentence in circumstances where it had quashed the sentence imposed in the Circuit Court and replaced it pursuant to its statutory jurisdiction.
Denham CJ (nem diss): Criminal law – sentencing – revocation of suspended sentence – appeal from Court of Criminal Appeal pursuant to s.29 of Courts of Justice Act 1924, as amended – point of law of exceptional public importance – whether CCA the appropriate court to deal with the revocation (pursuant to s.99 of Criminal Justice Act 2006, as amended) in whole or in part of suspended portion of the sentence imposed by the CCA – CCA varied sentence imposed in Circuit Court – appellant challenged the application being made to the CCA, as opposed to the Circuit Court, which had originally sentenced appellant and set conditions for suspended sentence – whether CCA has jurisdiction to consider revocation of suspended sentence (imposed in Circuit Court but varied by CCA) pursuant to s.99(10) of the Act of 2006, as amended – s. 2 of the Criminal Justice Act 1993 – s.3(2) of Criminal Procedure Act 1993 – s.34 of Courts of Justice Act 1924 – whether CCA provides for an appeal against revocation of suspended sentence – CCA the appropriate court vested with jurisdiction to consider the revocation of the suspended sentence pursuant to s.99 of the Criminal Justice Act 2006, as amended.