BURGLARY

[2019] NICA 66
[2019] NICA 66
CA (NI) (Stephens LJ, Treacy LJ, Keegan J)
25 November 2019

The Court of Appeal (Northern Ireland) considered the appropriate reduction to a sentence when an offender pleaded guilty at arraignment but did not indicate his intention to plead guilty at the outset. In particular, it considered whether the attitude of the offender at interview should be taken into account, and whether the present guidance was consistent with the terms of the Criminal Justice (Northern Ireland) Order 1996 art.33(1). It also considered whether there was an impact on the level of discount if the offender was caught red-handed or if there was no viable defence.

QBD (Admin) (Holman J)
10 October 2019

It was disproportionate to extradite an individual to Hungary for allegedly stealing £400 worth of goods from a neighbour where seven-and-a-half years had passed since the alleged offence had taken place, and the appellant had been questioned in Hungary about the burglary three years earlier but the authorities had allowed him to return to the UK.

[2019] EWCA Crim 2137
[2019] EWCA Crim 2137
CA (Crim Div) (Elisabeth Laing J, Garnham J)
24 September 2019

A total sentence of 12 months’ imprisonment was appropriate for the offences of burglary and criminal damage where the offender had flooded a building causing £33,000 worth of damage. A judge’s early indication to counsel that he might consider a suspended sentence had not amounted to a Goodyear hearing whereby an accused could obtain an indication as to the sentence that would be passed in the event of a guilty plea, as the requirements of the Criminal Procedure Rules 2015 r.3.23, including that an application had to be made in writing, had not been met.

[2017] EWCA Crim 1621
[2017] EWCA Crim 1621
CA (Crim Div) (Hallett LJ, Haddon-Cave J, Lewis J)
4 October 2017

When sentencing an offender for burglary, the recorder had been entitled to take into account the offender’s intention to commit grievous bodily harm by breaking into his former girlfriend’s home and attacking her new boyfriend. The fact that the offender was charged under the Theft Act 1968 s.9(1)(b), and was not charged with grievous bodily harm or with an offence under s.9(1)(a), did not preclude the recorder from taking the full facts into account.

[2017] EWCA Crim 1398
[2017] EWCA Crim 1398
CA (Crim Div) (Lloyd Jones LJ, Haddon-Cave J, Simler J)
20 September 2017

A total sentence of two years and six months’ imprisonment was appropriate following pleas of guilty to burglary and theft of a car. The offender had entered the house of his ex-girlfriend without permission, threatening her with a screwdriver and taking her car keys before stealing her car. The burglary came within Category 1 of the definitive guidelines and was seriously aggravated by the offender’s appalling criminal record and the domestic violence element of the offence.

[2017] EWCA Crim 1233
[2017] EWCA Crim 1233
CA (Crim Div) (Treacy LJ, Russell J, Judge Cutts QC)
22 August 2017

The Court of Appeal urged greater vigilance by advocates involved in sentencing hearings before the Crown Court. Three convictions for shoplifting were quashed as they were summary-only offences valued at less than £200 and should not have been included in the indictment.

[2017] EWCA Crim 868
[2017] EWCA Crim 868
CA (Crim Div) (Treacy LJ, Whipple J, Judge Picton )
14 June 2017

A sentence of eight years’ imprisonment was appropriate in the case of a repeat offender who had been convicted of burglary and theft.

[2017] EWCA Crim 623
[2017] EWCA Crim 623
CA (Crim Div) (Sharp LJ, Elisabeth Laing J, Judge Farrer QC)
4 May 2017

Sentences of nine years and four months’ imprisonment/detention were appropriate in the case of three men who had pleaded guilty at a late stage to conspiracy to burgle.

[2017] EWCA Crim 506
[2017] EWCA Crim 506
CA (Crim Div) (Treacy LJ, Green J, Picken J)
11 April 2017

A recorder sentencing a burglar who had been caught red-handed had been entitled to rely on a 2007 Sentencing Council publication, which stated that credit for a guilty plea might be reduced to 20% if the prosecution case was overwhelming. The fact that a new draft guideline due to come into force shortly afterwards stated that there should be no reduction of credit in such circumstances did not change things; the recorder was obliged to apply the guideline in force at the relevant time.

CA (Crim Div) (Lindblom LJ, Cheema-Grubb J, Judge Pegden)
30 March 2017

A sentence of six years’ imprisonment for burglary was appropriate where the offender had used subterfuge to gain the trust of an elderly man on more than one occasion, and had numerous similar previous convictions involving vulnerable victims, which showed an attitude of ingrained recidivism.

Scroll to top