The role of sole carer of a seriously disabled dependant, combined with the offender's own advanced age and serious ill health, can constitute exceptional circumstances justifying a non-custodial sentence for social security fraud, notwithstanding the strong emphasis on general deterrence in such cases. The question of whether a finding of 'exceptional circumstances' is a finding of primary fact (attracting deference) or a characterisation (subject to full appellate review) remains unsettled within the CCA.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.