Law Weblog

Complete rethink on sentencing for domestic burglary

Monday 26 January 2009 at 8:50 am | In News | Post Comment Court of Appeal, Criminal Division, January 16, 2009

Where goods of significant sentimental, even if of only slight economic, value were involved, the sentence should reflect the impact of the offence.

When there are serious adverse consequences, sentences should reflect even unintended consequences.
Their Lordships adopted the observations of Lord Bingham of in R v Brewster and Others [1998]. An appropriate sentence could not be arrived at simply by adding up the aggravating features in some kind of hypothetical, quasi-mathematical calculation. The sentencer had to focus on the realities.

Two specific features might be present in every dwelling house burglary: first, the overall criminality of the defendant, in the light of his previous convictions, and second, the true impact of the offence on the victims.

A sentence longer than nine to eighteen months might be indicated by a record of relevant offending or by a significant impact on the victim, or both.

A community order might be appropriate in some lesser circumstances.
In serious cases the starting point should be two years and upwards.

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