Originally Posted by
First_Principal
Zombywoof , I understand that
CAA v Stewart is unpublished so it's not possible to examine the reasons for the decision, however
DaveReidUK appears to have offered an explanation.
I quoted directly from the posted article... judge refused to levy a mandatory jail sentence. That seems rather peculiar, given "an offence under Article 55 of the ANO".
Perhaps what was really meant was the judge refused to convict the Capt of an offence carrying a jail sentence.
In my country, in cases involving mandatory jail sentences it leaves judges no option, they must impose the sentence, and this doesn't sit well with the legal community here.
It's a very sad story.