Source: All England Reporter
Publisher Citation: [2002] All ER (D) 350 (Jan)
Neutral Citation: [2002] EWCA Crim 185
Court: Court of Appeal, Criminal Division

Mitchell and Keith JJ

Representation Robert Price (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 24 January 2002


Sentencing - Burglary - Custodial sentence - Basis of plea - Defendant sentenced on basis offence opportunistic follow up of another's break-in - Whether sentence of 12 months' imprisonment manifestly excessive.

The Case

A sentence of 12 months' imprisonment was too long for an offence of burglary, described by the sentencing judge as 'an opportunistic follow up of someone else's break-in'. The correct starting point was in the region of eight to nine months' imprisonment, which would be reduced to six months' imprisonment to reflect the defendant's guilty plea.

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