R v Terrance David Bailey
[2023] EWCA Crim 1542
R v John Thomas Edden
28 July 2023
[2023] EWCA Crim 1082
Court of Appeal
A man was sentenced to 4.5 years in prison for burglary and 18 months for attempted burglary. He appealed, saying the sentence was too harsh. The court agreed it was a tough sentence but said it was fair considering his long criminal record and the seriousness of his crimes. The appeal was rejected.
Key Facts
- •Appellant (46-year-old man) appeals against a 4.5-year sentence for burglary and a concurrent 18-month sentence for attempted burglary.
- •Offences occurred on February 6, 2023.
- •Burglary involved a 91-year-old victim, Mrs. Kuhnel, with her mobile phone stolen and property damaged.
- •Attempted burglary targeted the Porthouse family, with the appellant attempting to break into their patio door.
- •Appellant had 16 previous convictions, including a 10-year sentence for aggravated burglary in 2013.
- •Appellant pleaded guilty, receiving a 25% sentence reduction.
Legal Principles
Sentencing Guidelines for Burglary (Category B1)
Sentencing Council
Section 314 of the Sentencing Act 2020 (mandatory custodial sentence for previous domestic burglary convictions)
Sentencing Act 2020
Overarching Sentencing Council Guideline on Totality (proportionate overall sentence)
Sentencing Council
Outcomes
Appeal dismissed.
While the sentence was severe, the court found it was not manifestly excessive given the appellant's extensive criminal history, the seriousness of the offences, and the vulnerability of the victims. The judge appropriately considered the sentencing guidelines and totality principle.