R v Michael O’Brien
[2023] EWCA Crim 1413
R v Ann O’Halloran
16 July 2024
[2024] EWCA Crim 973
Court of Appeal
A woman was sentenced to over six years for robbery and two burglaries against elderly people. The judge gave her consecutive sentences for the burglaries, making the total sentence much longer. The appeal court decided the total sentence was too harsh and reduced it to five years by making the burglary sentences run at the same time instead of consecutively.
Key Facts
- •Ann O'Halloran appealed a 6-year 3-month sentence for robbery and two burglaries.
- •The robbery involved stealing £20 and a bank card from a 94-year-old man.
- •The burglaries involved tricking her way into the homes of elderly people and stealing money and bank cards.
- •O'Halloran had 17 previous convictions for theft and similar offences, including two previous domestic burglaries.
- •She was subject to post-sentence supervision at the time of the burglaries.
- •O'Halloran pleaded guilty to all offences.
- •The judge imposed consecutive sentences for the burglaries, resulting in a total sentence of 6 years 3 months and 1 week.
Legal Principles
Totality Principle in Sentencing
Sentencing Council Guideline on Totality
Sentencing for Third-Strike Burglary
Section 314(2) of the Sentencing Act 2020
Credit for Guilty Pleas
Not explicitly stated, but implied throughout the judgment
Outcomes
The Court of Appeal allowed the appeal in part.
The judge failed to properly apply the totality principle, resulting in a manifestly excessive sentence. The Court of Appeal substituted concurrent sentences for the burglaries, reducing the overall sentence.