A sentencing judge is not bound by counsel's concession that the s 5 imprisonment threshold has been crossed where the circumstances of the offence and the offender's subjective case do not support that conclusion, particularly for a low-level sexual offence involving no physical contact and significant mitigating factors.
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.