R v Kevin Wall

Serious aggravating factors and a persistent record do not, without sufficient justification, warrant departing from the applicable Sentencing Guidelines range for domestic burglary. The totality principle must be applied where multiple burglaries are sentenced together. The statutory minimum under section 314 of the Sentencing Act 2020 does not justify an excessive sentence. For category 1B offences, four years after trial for the first offence and a further two years for the second were appropriate. Applying the 25% guilty-plea reduction produced concurrent sentences of 54 months. Six-year sentences were manifestly excessive.

The appellant pleaded guilty in the Crown Court at Cambridge to two offences of burglary in a dwelling, contrary to section 9(1)(b) of the Theft Act 1968. He had at least two previous domestic burglary convictions, so the minimum sentencing provisions in section 314 of the Sentencing Act 2020 applied. On 17 October 2025, HHJ David Farrell KC sentenced him to six years' imprisonment on each offence, concurrently.

The appellant appealed sentence with leave. He accepted the category 1B classification and the significance of his aggravating factors, but argued that the sentences were outside the guideline range and failed to give proper effect to totality. The central issues were whether six years for each offence was justified and what uplift was appropriate for the second burglary.

The appeal was allowed to the extent that the sentences were reduced.

1. Domestic burglary is an offence against people as well as property. The court took into account the serious and lasting effects on the victims, including the anxiety caused by the disturbance and soiling of their homes.
2. The appellant's extensive record and his recent release on licence for identical offending were significant aggravating factors. His difficult childhood and bereavements had been considered, but offered little mitigation. Nevertheless, there was no justification for departing from the relevant guideline range. The six-year sentences were manifestly excessive.
3. Both offences were properly categorised as category 1B offences. Although the statutory minimum under section 314 of the Sentencing Act 2020 applied, the appropriate sentence after trial for a single offence was four years, which was the top of the applicable category range.
4. The correct uplift for the second offence, applying totality, was two years. A 25% reduction for the guilty pleas therefore produced sentences of 54 months for each offence. The sentences were ordered to run concurrently.

1. Court of Appeal (Criminal Division): On 4 June 2026, in [2026] EWCA Crim 768, the court allowed the sentence appeal to the extent stated and substituted concurrent sentences of 54 months for each offence.
2. Crown Court at Cambridge: On 17 October 2025, HHJ David Farrell KC imposed concurrent six-year sentences for the two domestic burglaries.