Zouaghi, R v [2011] EWCA Crim 3182

Case No 201102440/A4[2011] EWCA Crim 3182
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Venue Royal Courts of JusticeDate Tuesday, 11 October 2011
Strand
London, WC2A 2LL
B e f o r e:
LORD JUSTICE HOOPER
MR JUSTICE HOLROYDE
MR JUSTICE SUPPERSTONE
Between
R E G I N ACrownv
Between
AMIR ZOUAGHI
Computer Aided Transcript of the Stenograph Notes ofWordWave International LimitedA Merrill Communications Company165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7404 1424(Official Shorthand Writers to the Court)
Mr S Fidler appeared for Applicant
J U D G M E N T
[1]MR JUSTICE SUPPERSTONE: On 12 April 2011 in the Crown Court at Isleworth, the applicant pleaded guilty to three counts of theft. He was sentenced by His Honour Judge Johnson to three and a half years' imprisonment on each count, the terms to run concurrently, less 62 days spent on remand in custody.[2]The applicant renews his application for leave to appeal against sentence after refusal by the single judge.[3]The relevant facts are as follows. On 21 February 2010 a man was checking in at a hotel in Kensington when the applicant took his suitcase and wheeled it away before leaving the hotel with another man. The total value of the suitcase and its contents was £1,830.[4]At 9.00 am on 28 October 2010 a woman was about breakfast in a hotel in Kensington. She put her handbag on the back of her seat. The applicant, who was standing in the doorway looking into the room, walked in as if he wanted a table and then appeared to change his mind. As he left the room, he took the woman's handbag and concealed it under his jacket. The total value of the goods stolen was £280.[5]At 6.00 pm on 20 January 2011 a woman was having a meal in a fast food restaurant in Kensington. She had placed her bag on the stool next to her. The applicant walked past and took the bag. The total value of the stolen goods was £1,100.[6]The total value of the goods from these three offences was in excess of £3,000.[7]The final offence was captured on CCTV, and the applicant, who was well-known to the police, was subsequently arrested. He declined to comment in interview.[8]The applicant is 29 years old. He is a Nigerian national. He has many previous convictions. They include ten for theft, three for attempted theft and one for conspiracy to steal. On 22 July 2010 he was deported. Thereafter he returned to this country illegally.[9]Passing sentence, the learned

judge said:

"I give you credit for your guilty plea, but that said, this has got almost every aggravating feature in the book. You are what is called recidivist, you keep on committing these offences. These are targeted people in hotels: high value items taken in premises where people are likely to have valuable items with them and, indeed, you were successful in getting them on three separate occasions. ... These are serious offences and you should be removed from the system for a substantial period of time."
[10]Mr Fidler on behalf of the applicant submits, first, that the learned judge failed to reflect the full one-third discount to which he was entitled and, second, that the sentence in all the circumstances was manifestly excessive.[11]Mr Fidler places emphasis on the absence of threats or force in the present case.[12]Mr Fidler referred to the case of R v De Weever [2010] 1 Cr App R(S) 3. That case, in our view, does not assist us.[13]Refusing leave, the single

judge gave the following reasons:

"These three unconnected offences together with your record make it clear that you steal for a living, in these instances from tourists. The sentence gave you full credit for your plea, and was not manifestly excessive."
[14]In our judgment, in all the circumstances, the length of sentence imposed was entirely proper. There comes a time when society needs to be protected from the applicant, a professional thief. For these reasons this application fails.