A solicitor convicted of fraud involving misappropriation of client funds in breach of trust may receive a period of actual custody notwithstanding full restitution, loss of career, extraordinary delay in prosecution, early plea, and remorse. The combination of these mitigating factors does not necessarily require a wholly suspended sentence where the amount misappropriated is substantial and the need for general deterrence is significant.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.