The defendants appealed against sentences imposed for domestic burglaries.
Held: The court should properly allow for the effect of the burglary on the particular victim. Fuller guidance was awaited from the Sentencing Guidelines Council, but the court identified a non-exhaustive list of twelve factors which should be seen as aggravating if present. In each case their true importance derived either from the increased impact of the offence on the occupier of the burgled home, or from greater culpability on the part of the defendant when committing it, or from a combination of the two.
Lord Judge, Lord Chief Judge, Lord Justice Latham, Vice-President, and Lord Justice Hughes
[2009] EWCA Crim 1, Times 26-Jan-2009, [2009] 2 All ER 1138, [2009] 2 Cr App Rep (S) 54, [2009] Crim LR 295
Bailii
Theft Act 1968 9(1)(a)
England and Wales
Citing:
Cited – McInerney, Keating v Regina CACD 18-Dec-2002
The defendants appealed against their sentences for domestic burglary. The court took the opportunity to provide new guideline sentences for standard domestic burglaries.
Held: The sentencing advisory panel had issued new guidance, supported . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.280017
