Grantham, R v

Grantham, R v

A sentence of five-and-a-half years' imprisonment for a single count of burglary with no real aggravating factors, apart from night-time commission, is excessive. A four-year sentence is appropriate, with credit for time on remand.

Parties
Prosecution: Regina; Appellant: Martin Grantham
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Burglary, Mitigation, Appeal
Criminal Law Sentencing Burglary Mitigation Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Martin Grantham

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of five-and-a-half years' imprisonment for a single count of burglary was excessive given the circumstances and mitigation

Ratio Decidendi

A sentence of five-and-a-half years' imprisonment for a single count of burglary with no real aggravating factors, apart from night-time commission, is excessive. A four-year sentence is appropriate, with credit for time on remand.

Court Disposition

appeal allowed in part

Orders

  • Sentence of five-and-a-half years' imprisonment quashed
  • Substituted sentence of four years' imprisonment