A sentencing judge who treats breach of trust as an aggravating factor cannot also use that same breach of trust to diminish the mitigatory weight of the offender's prior good character. This principle is not confined to isolated offences or offences against children. However, the principle does not require that good character 'cancel out' breach of trust — the judge need only ensure the same breach is not counted twice.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.