Grantham, R v

In sentencing for dwelling-house burglary, the court must give proper weight to an offender’s antecedents and the need to protect the public. It must also assess the gravity of the offence itself. A sentence imposed after a guilty plea cannot be maintained where it is disproportionate to a single burglary with limited offence-specific aggravation, notwithstanding a serious and persistent record.

The appellant pleaded guilty at Sheffield Crown Court to one count of burglary committed at night while the householders were asleep. He was discovered in the living room after gathering property to take, and was sentenced to five and a half years’ imprisonment, with 54 days on remand to count.

He had a lengthy record, including numerous burglaries, theft offences and offences against the person. On appeal, he accepted that his guilty plea was his only real mitigation but contended that the sentence was excessive for a single burglary.

1. Appeal allowed. The sentence of five and a half years’ imprisonment was quashed and replaced with four years’ imprisonment. The direction that 54 days on remand should count towards sentence remained in place.
2. The sentencing judge was entitled to regard the appellant’s persistent criminality and repeated dwelling-house burglaries as highly significant. The court also understood the judge’s concern to protect the public. The reduction for the guilty plea could properly be limited because the appellant had been caught at the scene.
3. Those considerations did not remove the need to focus on the particular offence. This was a single burglary. Its important aggravating feature was that it occurred at night while the occupants were at home, but there were no other real aggravating factors in the offence itself.
4. On a guilty plea, a sentence of five and a half years could not be maintained for that offence, even taking account of the appellant’s record. A four-year sentence properly reflected both the seriousness of the burglary and the relevant antecedents.

• Court of Appeal (Criminal Division): Allowed the sentence appeal and substituted four years’ imprisonment.
• Sheffield Crown Court: On 2 October 2008, following a guilty plea to burglary, imposed five and a half years’ imprisonment with 54 days on remand to count.