||All England Reporter
|| All ER (D) 183 (Nov)
|| EWCA Crim 2754
||Court of Appeal, Criminal Division
Lord Justice Elias, Mr Justice Maddison and Mr Justice Burnett
||Robert Grey (instructed by David Hurley Associates) for the defendant.
||24 November 2011
Sentence - Imprisonment - Length of sentence - Burglary - Defendant committing burglary and being sentenced to suspended sentence - Defendant committing second burglary during period of suspension in respect of first burglary - Judge increasing sentence for second burglary to take account of fact committed during period of suspension and activating suspended sentence - Whether appropriate to treat fact that offence committed during period of suspended sentence as factor justifying increase of second sentence for second burglary in circumstances where suspended sentence activated in full - Whether sentence manifestly excessive.
Sentence Imprisonment. The Court of Appeal, Criminal Division, allowed in part an appeal against sentence where it had not been appropriate for the sentencing judge to have treated the fact that the offence had been committed during the operational period of the suspended sentence imposed for a previous offence of burglary as a factor justifying the increase of the second sentence in respect of a second burglary in circumstances where the suspended sentence was activated in full.
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