Much has been made of this, but as a cleanskin on a fairly minor charge he was never going to jail. There are guidelines on who gets sent to jail and this wasn't within them. It's a last resort. Magistrates (it was a magistrate not a judge) and judges too are given sentencing guidelines. They try to scare people so they won't offend again.The Judge said he was lucky to escape a term in prison. Obviously a minor offense. No big deal.