Where delay in prosecution of sexual offences against children is attributable to the failure of education authorities to refer the matter to police, and the offender participated in arrangements to suppress the truth rather than confessing to authorities, the delay should carry significantly less mitigating weight. The hardship that imprisonment would cause an offender's family is not, without more, an exceptional circumstance justifying total suspension of a sentence for serious sexual offences involving breach of trust. However, the principles of restraint on Crown appeals, including double jeopardy, may prevent an appellate court from increasing a manifestly inadequate sentence.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.