In an appeal against a six-month sentence for an offence of buggery, whilst there was no good ground for concluding that the offence went beyond the custody threshold for such an offence, the appellant was facing a term of imprisonment for the third time for the same offence and accordingly the sentence was substituted with one of three months' imprisonment for that reason alone.

CA (Crim Div) (Roch LJ, Toulson J, Astill J)

01/12/1999