Nichols, R v

In sentencing domestic burglary under the Sentencing Council Definitive Guideline for Burglary, the court may treat substantial harm to the victim, relevant previous convictions and offending while on licence as aggravating features. Taken together, those features may justify placing an offence in Category 1 and selecting a sentence higher within its range, even though a specific indicative factor of higher culpability is absent.

The resulting sentence must nevertheless reflect a proportionate starting point and the full credit due for a guilty plea.

The appellant pleaded guilty at Isleworth Crown Court to one dwelling burglary. He entered the victim’s home using tools found in her shed, caused damage, ransacked the property and stole items valued at about £18,000, including possessions of considerable sentimental value.

On 7 December 2017, the Crown Court sentenced him to three years and four months’ imprisonment. The judge treated the offence as Category 1 under the Sentencing Council Definitive Guideline for Burglary, having regard to the harm caused, the appellant’s extensive record and the fact that he offended while on licence.

The appellant appealed against sentence. The central issue was whether that categorisation and the resulting starting point were excessive.

1. Appeal allowed in part. The court quashed the sentence of three years and four months and substituted a sentence of 30 months’ imprisonment.

2. The sentencing judge was entitled to identify significant features of greater harm. They included the ransacking of the victim’s home, the theft of items of exceptional personal and sentimental value, and the profound effect of the burglary upon her security, health and working life.

3. The appellant’s extensive and serious previous convictions, together with the fact that he committed the burglary while on licence, were material aggravating factors. They justified treating the offending as Category 1 and sentencing higher within the applicable guideline range, despite the absence of a specific indicator of higher culpability.

4. However, the proper Category 1 starting point before credit for the guilty plea was about 42 months. Applying the full 25 per cent reduction for the plea produced a sentence of 30 months. A 40-month sentence was therefore excessive.

• Court of Appeal (Criminal Division): Allowed the sentence appeal in part and substituted 30 months’ imprisonment: [2018] EWCA Crim 1342.
• Crown Court at Isleworth: On 7 December 2017, imposed three years and four months’ imprisonment following the appellant’s guilty plea to burglary.