Court of Criminal Appeal quashes a sentence imposed for criminal damage and assault, but reimposes the same sentence, with the caveat that whilst the final 18 months of the sentence is suspended on the same conditions, the operational period will be for a period of three years rather than ten, on the grounds that the operational period of a suspended sentence must be proportionate in the distributive sense and there should be a reasonable prospect of compliance on the part of the offender.
Appeal against severity of sentence - criminal damage and assault - appellant sentenced to five years’ imprisonment with the final 18 months suspended - suspension for a period of 10 years is not proportionate when one considers that portion of the sentence which may fall for consideration as to re-activation should that arise is one of 18 months - length of the operational period of a suspended sentence must be proportionate in the distributive sense and there should be a reasonable prospect of compliance on the part of the offender - court orders that the final 18 months of the sentence is suspended on the same conditions, but the operational period will be for a period of 3 years.