Lawyers for the Attorney-General urged judges to substitute a jail term for the suspended sentence.
Lord Justice Keene took account of the "extreme seriousness" of his offence and the need to deter others from committing such crimes. In normal circumstances Binstead's crime would have merited immediate custody, he said.
But Binstead had ultimately co-operated with the prosecution and was of previous good character, caring for his ailing grandmother.
He had also completed 130 hours of his 200-hour unpaid work requirement in relation to his suspended sentence.
The judge ruled that despite the leniency of his suspended sentence it would now serve little purpose to put him behind bars.
Michael’s mother Marie Causer attended the hearing. She said: “I wasn’t hopeful that there would have been a result so I had prepared myself.
“I am still determined to fight for justice for Michael.
“Binstead should never have just been charged with perjury in my opinion. I am going to the CPS on Monday.”
