[2007] EWCA Crim 181
A judge had erred in finding that the trauma attached to two trials and the subsequent passage of time amounted to an exceptional circumstance warranting the imposition of a suspended sentence. The defendant had breached a position of trust and had offended repeatedly, and accordingly the custody threshold had been passed.
CA (Crim Div) (Hughes LJ, Rafferty J, Sir Charles Mantell)
22/01/2007