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Suspended portion of sentence reactivated in full where offender failed to comply with condition to leave jurisdiction
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Court of Appeal dismisses appeal from Circuit Court, and affirms decision to reactivate the four-year suspended portion of a five year sentence of imprisonment, where the sentence had been suspended on condition that the offender leave the jurisdiction but he failed to do so, on the grounds that the decision as to whether to leave the jurisdiction was a binary one, and that to seek to have it only partially reactivated was to seek to have a 'rerun' of the original sentencing hearing.
Offence: Use of false instrument; deception.
Original sentence: Five years imprisonment, with four years suspended on condition that offender leave the jurisdiction.
Criminal law - sentencing - suspension of sentence on condition that offender leave jurisdiction - failure of offender to leave jurisdiction - re-entry of matter - remand in custody - use of false driving licenses and utility bills - phone contracts - insurance fraud - admissions - signed plea of guilty - offender from South Africa - partner expecting child - whether disproportionate to lift the suspension of the original sentence - whether judge could have partially reactivated the original sentence.
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