A suspended sentence remains a sentencing option for a single count of indecent dealing in an intrafamilial context where there are exceptional and overwhelming mitigating circumstances, including immediate admissions, genuine remorse, guilty plea at earliest opportunity, low risk of reoffending, and exemplary engagement with treatment. Although mitigating factors carry less weight in intrafamilial sexual offence cases than in other types of offences, they are not given no weight at all.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
6 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.