Attorney-General v Burgess-Banks

The Attorney-General appealed against an order of Wood J made on 25 September 2013, which had directed that the respondent serve a period of 45 days' imprisonment. This order followed a breach of the conditions of a suspended sentence previously imposed on the respondent. The core of the dispute concerned whether it would be unjust to activate the whole of the suspended sentence upon the breach. The appeal was heard by Tennent, Estcourt and Pearce JJ.

The central legal issue before the Court of Appeal was whether Wood J erred in finding that it would be unjust to activate the whole of the suspended sentence previously imposed on the respondent. This required the court to consider the circumstances of the breach and the respondent's conduct in light of the relevant sentencing principles and the provisions of the *Sentencing Act 1997*.

The Court of Appeal allowed the appeal, quashing the order for the respondent to serve 45 days' imprisonment. Instead, the court ordered that the original sentence of three months' imprisonment, which had been suspended, be activated pursuant to section 27(4B) of the *Sentencing Act 1997*. The court indicated that further submissions would be required from counsel regarding the precise terms of the order for imprisonment.