Burns, R. v

Burns, R. v

The court held that, since it found particular circumstances making the statutory minimum unjust, it was not required to impose the minimum custodial sentence and could lawfully substitute a community order with a drug rehabilitation requirement and supervision.

Parties
Respondent: Regina; Appellant: Thomas Burns
Jurisdiction
England and Wales
Judgment Date
03 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence varied
Legal Topics
Sentencing, Burglary, Drug Rehabilitation, Statutory Minimum Sentences
Criminal Law Sentencing Burglary Drug Rehabilitation Statutory Minimum Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Thomas Burns

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the statutory minimum sentence for third domestic burglary under section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 must be imposed
  2. 2 Whether a community order with a drug rehabilitation requirement can lawfully be substituted for the custodial sentence in these circumstances

Ratio Decidendi

The court held that, since it found particular circumstances making the statutory minimum unjust, it was not required to impose the minimum custodial sentence and could lawfully substitute a community order with a drug rehabilitation requirement and supervision.

Court Disposition

appeal allowed; sentence varied

Orders

  • The sentence of three-and-a-half years' imprisonment is quashed.
  • A community order is imposed, consisting of two years' supervision and a nine-month drug rehabilitation requirement of medium intensity.