Chana, R v [2020] EWCA Crim 1340
[1]imprisonment for each burglary to be served concurrently. He now appeals against that sentence with the leave of the single judge.[2]CCTV to drive his BMW motor vehicle into the car park of property known as The Haven. This was an estate of sheltered housing for senior citizens and those with mobility problems. The appellant went to the door of No 27 The Haven and knocked on that door. The occupier of that property, named Mr Cartwright, was 80 years old. He answered the door. The appellant introduced himself as someone who was there to do work on the electricity supply and Mr Cartwright let the appellant into the property. The appellant asked Mr Cartwright to make him a cup of tea and while Mr Cartwright was in the kitchen the appellant stole £40 from his wallet along with a bankcard. Once Mr Cartwright returned from the kitchen the appellant had left the property. Mr Cartwright realised that money and a bankcard had been taken and immediately called the bank to cancel the card (count 1).[3]and £190 in cash had been stolen (count 2).[4]denied taking anything and went "no comment" in interview.[5]manner. The judge then outlined the facts of the case.[6]the offences had been undermining and despicable.[7]antecedent history (which included 29 convictions for 51 offences) was very poor and included numerous offences of dishonesty. The judge accepted that the appellant's drug taking underpinned his offending and the loss of the appellant's grandfather may have impinged on the appellant's resilience. However, the judge had to look at the offending in the context of the sentencing guidelines. The offending plainly involved greater harm and culpability was also high. The victims had been deliberately targeted and the judge had no doubt that the appellant deliberately targeted them as it would have been easy to extract[8]money from them.[9]months on each count concurrent and that was the sentence she imposed. In grounds of appeal Ms Powis, who represented the appellant at the sentencing hearing as she did before us, argues that the judge's starting point for sentence was just too high, when considering the level of harm and the appellant's mitigation which included the fact that he had not been convicted since 2010. In consequence, she submits that the sentences of 5 years and 2 months' imprisonment were manifestly excessive because they were towards the top end of category 1 which is normally reserved for the most serious type of dwelling house burglaries, for example night-time burglaries in occupied dwellings. We thank Ms Powis for her succinct submissions today in advancing these grounds before us.[10]plainly regarded them as easy targets.[11]sentence that she passed. We accept and confirm our view that this was really serious offending of a nature that targeted elderly and frail individuals. There was significant aggravation in the form of the appellant's previous convictions. He was 35 at sentence and had 29 convictions for 51 offences spanning the period from 2000 to 2010. Those convictions included 21 of theft and kindred offences but it is right to point out that there had been a period from 2010 where no offences were recorded, that being after a sentence of 3 years' imprisonment was imposed in May 2010 - that sentence itself being for another dwelling-house burglary.[12]months or 4 years and 4 months.[13]proceedings or part thereof. Lower Ground, 18-22 Furnival Street, London EC4A 1JS Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk