R v Gilmore

Sentence – Custodial sentence. The Court of Appeal, Criminal Division allowed the defendant's appeal against a sentence of 27 months' detention imposed (when he was aged 19) for the burglary of a dwelling house, following a late guilty plea. The court held that the judge had erred in categorising the offence as a category 1 burglary in circumstances where the factors listed in the Burglary Offences Definitive Guideline (2011), indicating greater harm, had not been present. Taking account of the mitigating factors and a probation report, the court reduced the sentence to 12 months' detention, suspended for 18 months, with a rehabilitation activity requirement of 35 days, during which the defendant, aged 19 at the time of sentencing, would be intensely supervised.

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