A man convicted of burglary is appealing against his eight-month jail sentence on the grounds that it contravenes the European Human Rights Convention.
Wayne Bishop, on the advice of his lawyer Ian Wise QC, has won permission to take his case to the Court of Appeal after claiming that as the main carer for his five young children they would be "bereft" without him.
In sentencing Mr Bishop to eight months imprisonment, Mr Wise believes that the judge "had no regard to the interests of the children whatsoever".
Mr Bishop was found guilty of burglary and dangerous driving. On top of his jail term, he was also banned from driving for three years.
His lawyer admitted that the sentence was not "wrong in principle", but it would have a "disproportionate" impact on Mr Bishop's family life.
Mr Wise cited article 8 of the European Human Rights Convention which states: "Everyone has the right to respect for his private and family life."
The lawyer then claimed that judges must "bear in mind the consequences to children if the sole carer is sent to prison".
But during Mr Bishop's case there was "nothing whatsoever to suggest that the court inquired into the caring arrangements and any potential impact on the children of their father being committed to prison".
Mr Bishop shares custody of his children, aged between five and 12, with his ex-partner.
At his trial in Nottingham Crow Court, Mrs Justice Gloster said that his case for appeal should be heard as quickly as possible. Mr Bishop will be given legal aid to pay for the case which will be heard in London within the next few days.
Read more on this story (Daily Mail)
Read about the articles of the Human Rights Act (FindLaw)
Find local solicitors specialising in human rights throughout the UK (FindLaw)