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Court of Appeal allows appeal against the severity of sentence of six years' imprisonment imposed for aggravated burglary, and suspends the final 18 months of the sentence, on the grounds that the sentencing judge erred in failing to take account of the particular mitigating features that applied in the case, such as the appellant not being the ringleader, the extra unpleasantness of the experience of prison for somebody whose language skills are inadequate, and the fact that the prosecution did accept a lesser plea than aggravated burglary.
Criminal law – sentencing – appeal against the severity of six years' imprisonment imposed for aggravated burglary – error in principle identified – sentence upheld but final 18 months suspended – appellant was not the ringleader – prosecution did accept a lesser plea than aggravated burglary – extra unpleasantness of the experience of prison for somebody whose language skills are inadequate – error in failing to take account of these particular mitigating features that applied – appeal allowed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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