A combination of lengthy unnecessary delay by prosecution authorities, substantial rehabilitation during that delay, and significantly changed life circumstances (including the birth of a dependent child) can constitute exceptional circumstances justifying the suspension of a sentence of imprisonment that would otherwise be served immediately. A sentencing judge who fails to address these factors in sentencing remarks will be taken to have failed to consider them, and the sentencing discretion will miscarry.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
7 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.