Sentencing Guidelines - Burglary
Appeal against sentence – aggravated burglary and criminal damage – use of indeterminate custodial sentence – disposal of last resort – necessity of prior inquiry: can public protection be achieved under extended sentence scheme? – appeal allowed and extended sentence substituted.
Burglary – attempted burglary – obstruction – limited relevance/applicability of Guidelines from Sentencing Guidelines Council in E&W – including cases of sexual offending.
Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.
Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.
Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.
Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.
Thirty month imprisonment for offence of burglary - whether excessive or wrong in principle - activation of suspended sentence.
Thirty month imprisonment for offence of burglary - elderly victim - suspended sentence - exceptional mitigating circumstances - whether unduly lenient.
Aggravated burglary and assault occasioning actual bodily harm - seriousness of offence - credit for change of plea to guilty.