The Court of Appeal has dismissed an appeal against the severity of a three-and-a-half-year sentence imposed on Chad Redmond for burglary at the home of his former partner. The sentence included a suspended term of nine months, subject to conditions for two years.
The court, in an ex tempore judgment delivered by Ms Justice Kennedy on 16 November 2021, said the sentence fell within the sentencing judge’s margin of appreciation. It found no error in the headline sentence of four and a half years or in the reduction for mitigating factors.
Redmond pleaded guilty to burglary under the Criminal Justice (Theft and Fraud) Act 2001. A criminal damage count and an assault count were taken into consideration at sentencing. The Court of Appeal said he entered the burglary plea on a full-facts basis, so the sentencing judge was required to take account of the assault and criminal damage.
The offences occurred on 24 February 2019. The judgment said Redmond went to the apartment seeking to see his child, kicked in the front door and attacked the injured party. It recounted evidence that he threatened her and damaged the property. The court also noted that the offending took place in the family home in the presence of a very young child.
At sentencing, the judge considered aggravating factors including the offending while Redmond was on bail and his previous convictions. The judgment recorded 26 previous convictions under the 2001 Act, including six for burglary, as well as five for criminal damage and 20 public order convictions. Mitigating factors included the guilty plea, remorse, efforts to address drug addiction, conduct in custody and his circumstances as a parent.
The appeal argued that the judge set the headline sentence too high, gave excessive weight to aggravating factors and insufficient weight to mitigation. The Director of Public Prosecutions opposed the appeal, submitting that the sentence was appropriate for the offending and that the plea was late.
The Court of Appeal said two trial dates had been taken before the plea, limiting the credit due for it. It also considered that Redmond’s previous convictions reduced the mitigation available. The judge had suspended nine months to recognise the need to co-parent a young child and to encourage rehabilitation; the appeal court described the resulting discount as generous. The appeal was dismissed.