R v Creddy Thomas Marshall Taylor
[2024] EWCA Crim 416
R v Alexander Woodburn
6 February 2024
[2024] EWCA Crim 161
Court of Appeal
A man was sentenced to 11.5 years for a violent burglary. The appeals court agreed the crime was serious, but the sentence was too long because the judge counted some things twice. The sentence was reduced to 10 years.
Key Facts
- •Alexander Woodburn convicted of aggravated burglary.
- •Sentenced to 11.5 years imprisonment.
- •Broke into a home with an accomplice, smashing a patio window.
- •Wore a balaclava and carried a claw hammer.
- •Threatened homeowner with hammer, causing emotional distress.
- •Stole £9,000 cash and £500 worth of jewellery.
- •Appellant admitted to the burglary but denied being armed and claimed to have left empty-handed.
- •Appellant had previous convictions for shoplifting, supplying cocaine, and possessing a bladed article.
Legal Principles
Sentencing guidelines for aggravated burglary (Category 1A).
Sentencing Council Guideline
Determining whether a significant degree of planning was involved in the offence.
Case law interpretation
Assessment of harm caused to the victim, both physical and emotional.
Case law interpretation
Outcomes
Appeal against sentence partially allowed.
The court found the 2-year increase in sentence above the starting point unjustified, as the aggravating factors were already considered in categorising the offence. The original sentence was considered manifestly excessive.
Sentence reduced from 11.5 years to 10 years imprisonment.
The court acknowledged the severity of the crime but deemed the original sentence excessive given the circumstances and the inclusion of aggravating factors already accounted for in the category 1A classification.