Williams, R v

In assessing whether a total sentence is manifestly excessive, the court may give substantial weight to the fear and distress caused by a burglary in which an intruder remains in a child’s home, prevents her from seeking help, and uses physical restraint. A guilty plea does not make a severe custodial sentence excessive where the overall criminality and its lasting impact justify it.

The appellant pleaded guilty at Blackfriars Crown Court to burglary and common assault arising from his entry into the home of a 14-year-old girl whom he did not know. He remained despite her requests that he leave, took the telephone from her when she tried to call her mother, put his hand over her mouth when she screamed, and picked up a knife while threatening to kill himself.

On 28 February 2008, the Crown Court imposed two years and eight months’ imprisonment for burglary and four months’ imprisonment consecutively for assault, making three years. The appellant appealed by leave of the single judge, contending that both the burglary sentence and the consecutive assault sentence made the total manifestly excessive.

1. Appeal dismissed. The total sentence of three years’ imprisonment was not manifestly excessive.
2. The court treated the offending as serious because it subjected a 14-year-old girl to a terrifying ordeal in her own home. The appellant entered uninvited and stayed despite her repeated requests that he leave.
3. The seriousness was materially increased when he prevented the complainant from telephoning her mother, covered her mouth as she screamed, and picked up a knife. Although he did not threaten the complainant with the knife, its use while he threatened to kill himself was itself frightening for her.
4. The court also noted evidence that the incident had had a serious and lasting effect on the complainant. In that context, the guilty plea did not render the severe total sentence manifestly excessive.

• Court of Appeal (Criminal Division): In [2008] EWCA Crim 1448, dismissed the appeal against sentence.
• Crown Court at Blackfriars: On 28 February 2008, imposed two years and eight months’ imprisonment for burglary and four months’ imprisonment consecutively for common assault, a total of three years.