The Court of Appeal has increased the sentence for an aggravated burglary committed during a violent attack on the respondent’s former partner, ruling that the original sentence was unduly lenient.
In a judgment delivered on 17 November 2022, the court quashed the sentence for aggravated burglary and re-sentenced the respondent to eight years in prison, suspending the final two and a half years for that period. The suspension is subject to usual terms and compliance with a safety order imposed on 21 October 2020. The court also ordered two and a half years of post-release supervision by the Probation Service.
The Director of Public Prosecutions had sought a review under section 2 of the Criminal Justice Act 1993 of the sentence imposed after trial. The original term was five and a half years, with the final year suspended. Other sentences imposed for sexual assault, assault causing harm, criminal damage and making a threat to kill or cause serious harm were concurrent. The Court of Appeal’s stated order quashed and replaced the aggravated burglary sentence; the judgment does not state that it changed the other sentences.
The offences followed the respondent’s entry to the complainant’s home at night in July 2020. The court described a prolonged physical and sexual attack after earlier threatening messages. The respondent had entered the home armed with an implement, and the complainant sustained injuries. The couple have six children, four of whom lived with the complainant.
The Director argued that the original headline sentence for aggravated burglary did not reflect the seriousness of the offending and that the effective custodial term was inadequate. The respondent argued that the sentencing judge had considered the aggravating factors and that his mitigation warranted greater weight. The Court of Appeal said the offences formed a continuum and consecutive sentences were not appropriate, but found the original six-year headline sentence for aggravated burglary a substantial departure from the appropriate sentence.
The court set a notional sentence of nine years, citing the application of section 40 of the Domestic Violence Act 2018 to a number of the offences and the complainant’s status as a relevant person. It reduced the term to eight years after considering mitigation, including the respondent’s progress in custody and testimonials. The judgment records that during the appeal hearing he acknowledged guilt, accepted responsibility and apologised. The court said this acceptance came late but gave him credit for it.