Activation of Suspended Sentence Avoided

We represented a male accused of theft and breach of a suspended sentence order that was made just 6 days prior to his arrest. The suspended sentence was 14 months imprisonment suspended for 2 years.

The defendant had 29 previous convictions, including 6 convictions for theft throughout 2020 and 2021 and convictions for failure to comply with a suspended sentence order and committing a further offence during the operational period of a suspended sentence order.

We obtained character references from the defendant’s parents, confirming our client would be supported with compliance if released from custody. We also obtained mitigation regarding the difficulties our client faced during his brief period of release from prison. Following Counsel’s submissions, the Judge decided not to activate the suspended sentence. Instead, the Judge imposed a new suspended sentence for the theft offence, adding an additional condition of a tagged curfew. This allowed the defendant to be released on his birthday.

Then trainee Phoebe Coleman prepared this case, supervised by Amy Cox. Phoebe has since qualified as a solicitor. Anna Leathem of 5 St Andrew Hill was instructed Counsel.