A sentencing error that is correctable under s 104A of the Sentencing Act 1991 (slip rule) should not be made the subject of a DPP appeal under s 287 of the Criminal Procedure Act 2009; the DPP should instead draw the error to the sentencing judge's attention. A wholly suspended sentence of imprisonment is not rendered manifestly inadequate merely by the fact of suspension where the term of imprisonment itself is within range. Delay of more than 36 years between offending and trial, combined with the offender's age, health difficulties, positive rehabilitation prospects and low reoffending risk, can justify a wholly suspended sentence even for serious historical child sexual offending.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.