The residual discretion on a Crown appeal against inadequacy may be exercised to decline to intervene even where all grounds of appeal are established and the sentence is manifestly inadequate, where the respondent has undergone significant rehabilitation since sentencing and re-established a relationship with her children, and where a full-time custodial sentence would sever that relationship with adverse consequences for the children. A sentencing judge who finds that a respondent intended only to cause sleep when the respondent has pleaded guilty to an offence requiring intent to injure sentences on a basis inconsistent with the plea.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.