Sentence for aggravated burglary was unduly lenient in light of injury and damage caused

Court of Appeal - Section 2 of the Criminal Justice Act 1993 – review of a sentence on the grounds of undue leniency – guilty plea to two counts of burglary – five and a half years imprisonment, with two years suspended in respect of the first count – three and a half years imprisonment in respect of the second count – concurrent sentence – offence replete with aggravating features – use of knife – threats to kill – headline sentence of seven years – reduction for early plea – sentences served since remand in custody – two years suspended in the interest of rehabilitation – Director appeals on the grounds that the headline was inconsistent with the gravity of the offence and sentencing principles – erred in principle in backdating sentence to encompass period during which the respondent was serving prison sentences for unrelated offences – dwelling ransacked – entered during the night at a time it was known to be occupied – confrontation with occupants – violence or threat of violence – occupant physically assaulted – serious trauma caused by the offence – premeditated offence – involved two participants – damage done to the house and care outside it – Court satisfied that the judge erred in nominating the headline sentence given the breadth and extent of aggravating factors – damage caused was entirely gratuitous – latex gloves – not a calculated targeting – degree of planning involved – sentence imposed was unduly lenient – sentence quashed - headline of ten years – personal circumstances – previous convictions – no relevant previous convictions which aggravate this offence – enhanced prisoner status – reduce sentence to 7 years – suspend final 18 months for a period of 2 years.