Source: All England Reporter
Publisher Citation: [2005] All ER (D) 65 (Jul)
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Holland and Richards JJ
Representation James Newton-Price (instructed by Taylor Street Solicitors, Aldershot) for the first offender.
  Mustaphe Hakme (instructed by Foster Wells Solicitors, Aldershot) for the second offender.
  Michael Maher (instructed by Foster Wells Solicitors, Aldershot) for the third offender.
  Sarah Whitehouse (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 6 July 2005

Catchwords

Sentence - Young offender - Custodial sentence - Burglary - Attempted burglary - Attempted robbery - Conspiracy to rob - Persistent targeting of home of vulnerable victim - Whether sentences unduly lenient.

The Case

Total sentences of 12 months' detention in a young offenders institution, 14 months' detention in a young offenders institution and an eight-month detention and training order were unduly lenient were the offenders (who where aged 17 and 18) had pleaded guilty variously to burglary, attempted burglary, attempted robbery and conspiracy to rob. They had targeted the same elderly, partially sighted and recently bereaved victim. Concurrent sentences of detention in a young offenders institution for four years were to have been expected at first instance in the case of the first offender, and for four-and-half years in the case of the second offender; and a sentence of four years detention pursuant to s91 of the Powers of Criminal Courts (Sentencing) Act in the case of the third offender.

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