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Suspended sentence should be fully activated where appellant failed to leave the jurisdiction
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Court of Appeal dismisses appeal against decision of the Circuit Court to activate suspended portion of sentence for deception and related offences, on the grounds that: (a) the sentence as imposed had never been appealed by the appellant; (b) the leniency of the sentence with a large suspended portion was driven by the willingness on the part of the appellant to leave the jurisdiction when he was released from custody; (c) no issue of proportionality arose where there was a straightforward failure to leave the jurisdiction despite having been given ample time to do so; and (d) this type of breach of bond, in the absence of exceptional circumstances or at least of a reasonable explanation, gave the court considering activation little choice but to ensure that the suspended sentence imposed should be activated in its entirety.
Appeal against decision of Circuit Court to activate entire suspended portion of sentence following breach of condition - appellant had pleaded guilty to 10 counts of using a false instrument, two counts of possessing a false instrument and 10 counts of deception - sentenced to five years with the final four years suspended on condition that he would leave the jurisdiction within three months of his release from prison and not return for a period of four years - appellant is South African national who was 25 years of age and had been in Ireland for a period of six years at the time of sentencing - appellant also had partner and baby - appellant did not leave the jurisdiction upon his release from prison - matter re-entered under s.99 of the Criminal Justice Act 2006 - at activation hearing Circuit Court informed that appellant's partner was now pregnant again - appellant indicated he would reside in Northern Ireland - Garda not happy with the address provided - Circuit Court found that appellant had quite deliberately, for personal reasons, decided he could not leave the jurisdiction, so as the court could not force him to leave the suspension would be lifted - whether activation of the suspended part of the sentence was disproportionate in all the circumstances of the case - whether Circuit Court had discretion to activate only part of the suspended sentence - whether original sentence was a lenient one.
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