Wayne Bishop, 33, from Clifton, Nottingham, appealed against a decision of a judge at Nottingham Crown Court last month to imprison him for eight months for a rugby club burglary and dangerous driving.
Two judges at the Court of Appeal in London yesterday ruled his eight-month prison sentence should be suspended. Bishop’s legal team said the appeal was about striking a balance between the “clear need” for him to be punished and the needs of his five children, aged 5-13. Bishop looks after his children five days a week with the help of his sister, who has seven children of her own, and ex-partner, who works full-time
Mr Justice Maddison, sitting with Mr Justice Sweeney, said the jail sentence was “entirely appropriate” but they could not ignore the plight of the children and their carers.