Re-activation of summary offence on appeal held to be unconstitutional where no right of appeal was provided

Criminal law – constitutional challenge – sentencing – whether an accused who receives a suspended sentence on appeal and has that sentence re-activated following a conviction for a subsequent offence is constitutionally entitled to an appeal against the decision to re-activate that sentence – Circuit Court (albeit sitting in its appellate capacity when hearing an appeal from the District Court) which imposed the suspended sentence – s. 99 of the Criminal Justice Act 2006 – s. 60(1)(a) of the Criminal Justice Act 2007 – s. 51 of the Criminal Justice (Miscellaneous Provisions) Act 2009 – statutory right of appeal from the Circuit Court to the Court of Criminal Appeal, but this is in respect of prosecutions on indictment only – s. 63 of the Courts of Justice Act 1924 and s. 31 of the Criminal Procedure Act – whether the Constitution requires the existence of a right of appeal against the re-activation of a suspended sentence by the Circuit Court when it is agreed that such an appeal would lie had but the sentence been imposed in the first instance by the District Court – breach of equality before the law as in Article 40.1 of the Constitution – legislative failure to provide an accused a right of appeal against the re-activation of a suspended sentence imposed by the Circuit Court amounts to a breach of Article 40.1 and Article 34.3.4. – only effective remedy which can be devised to ensure that this unconstitutionality is adequately mitigated is to declare that it would be unconstitutional to give effect to the re-activated sentence.