R v George William O’Hare & Ors
[2023] EWCA Crim 900
R v Alan Smith
30 August 2023
[2023] EWCA Crim 1037
Court of Appeal
Alan Smith was sentenced to over 5 years in prison for various crimes, including a really serious robbery where he crashed into a shop to steal a cash machine. He tried to appeal, but the judge said the sentence was fair considering all the bad things he did.
Key Facts
- •Appellant pleaded guilty to non-dwelling burglary (April 7, 2022), 10 counts of theft and 9 counts of fraud (August 8, 2022), and 4 offences of theft from a motor vehicle (September 28, 2022).
- •The burglary involved a ramraid at a shopping centre, causing significant damage (£100,000) and theft of an ATM.
- •The theft and fraud offences involved the theft and scrapping of vehicles.
- •Thefts from motor vehicles involved the organised theft of catalytic converters.
- •Appellant had 8 previous convictions for 10 offences.
Legal Principles
Sentencing guidelines for burglary (Category 1A).
Sentencing Guidelines
Considerations for totality of sentences and consecutive sentencing.
Case law cited by the judge (not specified in document)
Outcomes
Appeal against sentence dismissed.
The overall sentence was not manifestly excessive. While the sentences for theft, fraud, and theft from motor vehicles were somewhat generous, this was balanced by the seriousness of the burglary and the totality of the offending.