R v Solomon Abdul
[2024] EWCA Crim 236
R v Creddy Thomas Marshall Taylor
12 April 2024
[2024] EWCA Crim 416
Court of Appeal
A man was given a four-year sentence for a scary burglary where he and others broke into a house, one of them carrying a machete, causing a pregnant woman to flee. A higher court decided this sentence was too light because of the serious nature of the crime and increased it to eight years in prison.
Key Facts
- •Creddy Taylor convicted of aggravated burglary (contrary to section 10(1) of the Theft Act 1968).
- •Sentence: 4 years' imprisonment.
- •Offence involved four individuals, one armed with a machete, targeting a house believed to contain high-value items.
- •Pregnant victim fled the scene in fear.
- •Taylor's identification through blood found at the scene.
- •Taylor had numerous prior convictions for various offences, including burglary and assault.
- •Offence committed while on licence.
- •Appeal by the Solicitor General under section 36 of the Criminal Justice Act 1988, arguing the sentence was unduly lenient.
Legal Principles
Sentencing guidelines for aggravated burglary, considering harm and culpability.
Sentencing Code, section 63; Sentencing Guidelines
Consideration of aggravating and mitigating factors in sentencing.
Sentencing Guidelines; R v Ali [2023] EWCA Crim 232
Appeal against unduly lenient sentence under section 36 of the Criminal Justice Act 1988.
Criminal Justice Act 1988, section 36
Outcomes
Appeal allowed.
The Court of Appeal found the trial judge erred in categorising the harm and culpability of the offence, leading to an unduly lenient sentence. The higher culpability and harm warranted a longer sentence.
Original sentence of 4 years' imprisonment quashed.
Insufficient weight given to aggravating factors, such as the use of a machete, targeting of the property, and the victim's fear.
Sentence increased to 8 years' imprisonment.
Reflects the appropriate starting point for the offence's categorisation, considering aggravating and mitigating factors.