Passoni, R v

A dwelling burglary may properly fall outside the ordinary sentencing bracket where the offender uses repeated violence against an elderly and vulnerable householder at night. Forced entry, physical injury and the victim’s lasting trauma are serious aggravating features. In such a case, the offender’s youth, lack of previous convictions and guilty plea do not make a severe custodial sentence manifestly excessive.

The appellant, aged 18, pleaded guilty in the Crown Court at Dorchester to burglary and assault occasioning actual bodily harm. During a night-time burglary, he repeatedly struck a 77-year-old woman in her home after entering through a smashed window.

He received five years’ detention in a young offender institution for the burglary, with no separate sentence for the assault. He appealed against sentence, contending that the sentence exceeded the applicable burglary guideline range and insufficiently reflected his youth, lack of convictions and guilty plea.

The central issue was whether the total sentence was manifestly excessive.

1. Appeal dismissed. The sentence of five years’ detention in a young offender institution was severe, but not manifestly excessive.

2. The court applied the sentencing guidance in R v Saw and Others [2009] EWCA Crim 1. A burglary involving violence or threats, particularly where injury results, has a serious aggravating feature. This burglary was exceptionally culpable because it involved repeated violence, an elderly and vulnerable victim, substantial trauma and forced entry by breaking a window.

3. A householder’s presence during a night-time burglary can cause particular alarm and fear. The impact can be especially grave for elderly persons. Those considerations took the offence well beyond the general sentencing bracket relied upon by the appellant.

4. The appellant’s age and relatively limited previous record did not outweigh the aggravating features. The sentencing judge could also properly have imposed a lower sentence for burglary and a separate consecutive sentence for the assault, producing the same total term.

• Court of Appeal (Criminal Division): Dismissed the appellant’s appeal against the five-year sentence.

• Crown Court at Dorchester: Following guilty pleas to burglary and assault occasioning actual bodily harm, imposed five years’ detention in a young offender institution for burglary and no separate penalty for assault.