Bastow, R. v [2009] EWCA Crim 1834 (23 July 2009)

Bastow, R. v [2009] EWCA Crim 1834 (23 July 2009)

The sentencing judge erred in failing to apply the statutory minimum sentence for a third domestic burglary under section 111 of the 2000 Act. There was no sufficient justification for disapplying the statutory provision. The appropriate sentence, allowing for the guilty plea and time spent on curfew, is two-and-a-half years' imprisonment.

Citation
[2009] EWCA Crim 1834
Parties
Applicant: Attorney General; Offender/respondent: Russell Bastow
Jurisdiction
England and Wales
Judgment Date
23 July 2009
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentence quashed and substituted with immediate custodial sentence.
Legal Topics
Sentencing, Burglary, Minimum Sentences, Attorney General's Reference, Drug Related Offending
Criminal Law Sentencing Burglary Minimum Sentences Attorney General's Reference Drug Related Offending

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Parties

Attorney General

Applicant

Russell Bastow

Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the suspended sentence imposed for a third domestic burglary was unduly lenient
  2. 2 Whether the statutory minimum sentence under section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 should have been applied

Ratio Decidendi

The sentencing judge erred in failing to apply the statutory minimum sentence for a third domestic burglary under section 111 of the 2000 Act. There was no sufficient justification for disapplying the statutory provision. The appropriate sentence, allowing for the guilty plea and time spent on curfew, is two-and-a-half years' imprisonment.

Court Disposition

Appeal allowed; original sentence quashed and substituted with immediate custodial sentence.

Orders

  • Original suspended sentence set aside
  • Offender to serve two-and-a-half years' imprisonment from the date of judgment