Source: All England Reporter
Publisher Citation: [2007] All ER (D) 06 (Sep)
Neutral Citation: [2007] EWCA Crim 1596
Court: Court of Appeal, Criminal Division
Judge:

Toulson LJ, Butterfield J and Judge Wadsworth QC

Representation Anthony Watson (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 20 June 2007

Catchwords

Criminal law - Burglary - Sentence - Imprisonment - Defendant pleading guilty to one count of burglary of a dwelling house - Defendant sentenced out 18 months' imprisonment - Whether sentence of 18 months' imprisonment wrong in principle.

The Case

Criminal law Burglary. In the instant case, where the defendant had been sentenced to 18 month's imprisonment following an early guilty plea to one count of domestic burglary, it was held that, in the light of the circumstances of the offence and the defendant, that the trial judge had failed to have appropriate regard to the relevant sentencing guidelines. The circumstances of the instant case were such that a community order would have been the appropriate sentence. Accordingly, the sentence of imprisonment would be quashed and substituted with a supervision order for a period of 18 months.

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