Coulthard, R v

A sentence for repeated burglaries of vulnerable public places must reflect both the offender’s record and the aggravation arising from the choice of victims. Even in an exceptional case involving a very serious history of burglary, the total sentence must remain proportionate to the offending before the court.

Where the total is excessive, the Court of Appeal may quash it and substitute a shorter total formed by consecutive sentences for separate burglaries.

The appellant pleaded guilty in the Worcester Crown Court to three burglaries of rural churches and to going equipped for burglary. Cash was taken from church safes, which were damaged in the course of the offences.

He had 101 previous convictions, mainly for burglary and theft, had asked for 502 further offences to be taken into consideration on earlier occasions, and committed these offences while on licence. The sentencing judge imposed three consecutive terms of three years’ imprisonment, producing a total of nine years.

The appeal against sentence concerned whether that total was excessive despite the appellant’s exceptional record and the particular vulnerability of churches left open to the public.

1. Appeal allowed. The court quashed the total sentence of nine years’ imprisonment and substituted a total of six years.

2. The offences were serious. The appellant had an exceptionally serious record, and the targeting of churches was a significant aggravating feature. Churches were vulnerable premises, and there was a public interest in keeping them open where possible.

3. Those factors did not justify a nine-year total for the offending charged. The court held that, notwithstanding the appellant’s record and the aggravation arising from the choice of victims, that total was too long.

4. The proper sentence was consecutive terms of two years’ imprisonment for each burglary, totalling six years. The concurrent sentence of two years for going equipped remained unchanged.

• Court of Appeal (Criminal Division): allowed the appeal against sentence and substituted a total sentence of six years’ imprisonment.
• Worcester Crown Court: following guilty pleas on 4 January 2010, imposed three consecutive sentences of three years’ imprisonment for burglary, with a concurrent two-year sentence for going equipped, totalling nine years.