The Court of appeal has ruled that an immediate custodial sentence is invariably justified for convictions of PCOJ. However, earlier this year a case was heard in the Crown Court where the circumstances were almost identical to this case (the driver was falsely identified as someone living abroad who could not possibly have been driving at the material time). The defendant received a suspended sentence with an unpaid work requirement. In passing sentence on the Defendant the learned Judge observed that:
“…this offence is often committed by people of good character or who have extremely limited involvement with the criminal justice system. He noted that the Court of Appeal had said Crown Court judges were entirely justified in imposing immediate custodial sentences. However, the Judge noted that the Defendant had “come to his senses” and admitted the offence at a very early stage by way of a voluntary interview in which he was extremely candid. The Judge observed that the Defendant was a man that people spoke very highly of and that an immediate sentence of imprisonment would put his future and the future of his family including his 7-year old daughter at risk.”
Ms Onasanya’s case is a little different in that she maintained her innocence throughout and actually went through two trials before being convicted. In fact she constructed a complex web of lies which included trying to lay the blame on both her mother and her brother for her criminal deception. Further, she cannot claim that her career will be jeopardised by a custodial sentence as it is already in ruins. A custodial sentence is all but inevitable and I would be surprised (though not astounded) if the judge sees fit to suspend it. However, stranger things have happened and Ms Onasanya’s recent diagnosis that she is suffering from MS (made before these events took place) may assist her brief keep her out of the chokey.