Gallagher, R v

Deliberate theft and deception directed at elderly and vulnerable people is among the most serious forms of non-violent offending. The harm includes fear, anxiety and a reduced quality of life, and may greatly exceed the amount taken.

A substantial custodial sentence is required both to punish such offending and to deter others. A sentencing judge does not necessarily give inadequate credit for guilty pleas merely because the remarks describe that credit as limited; the sentence must be assessed in light of the discount actually reflected in it.

The applicant pleaded guilty at Leicester Crown Court to five offences of theft and three offences of obtaining property by deception. The offences were committed over almost three years against people aged between 61 and 89.

He posed as a gardening contractor. He either stole money while distracting his victims or obtained advance payment for work he did not intend to perform. Judge Stokes QC imposed a total sentence of four and a half years’ imprisonment.

After the single judge refused leave, the applicant renewed his application to the Full Court. He contended that the sentencing judge had given insufficient credit for his guilty pleas.

1. The renewed application for leave to appeal against sentence was refused. The total sentence of four and a half years’ imprisonment was amply justified.

2. The court rejected the contention that insufficient credit had been given for the guilty pleas. The sentence appeared to reflect a six-year sentence reduced by 25 per cent. That was a proper discount in the circumstances.

3. The court agreed with the sentencing judge’s assessment of the gravity of the offending. The applicant deliberately selected elderly and vulnerable victims, used deception to gain access to them or their money, and caused distress extending beyond the sums stolen or obtained.

4. Offending which targets elderly people because of their vulnerability is among the most serious non-violent criminality. The fear and anxiety caused to victims may have a greater effect on their quality of life than the financial value of the loss indicates.

5. Such conduct requires a substantial sentence. Custody must both punish the serious offending and make clear to the offender and others that comparable exploitation of elderly and vulnerable people will attract substantial punishment.

• Court of Appeal (Criminal Division): Renewed application for leave to appeal against sentence refused.
• Crown Court at Leicester: On 8 March 2004, Judge Stokes QC sentenced the applicant to a total of four and a half years’ imprisonment following guilty pleas to five thefts and three offences of obtaining property by deception.
• Single judge: Leave to appeal was refused before the renewed application to the Full Court.