R v Billy O'Sullivan
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE HEDLEY |
| Judgment Date | 01 November 2010 |
| Neutral Citation | [2010] EWCA Crim 2759 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No: 201004502/A2 |
| Date | 01 November 2010 |
[2010] EWCA Crim 2759
IN THE COURT OF APPEAL CRIMINAL DIVISION
Before: Mr Justice Hedley
Mr Justice Treacy
No: 201004502/A2
Miss M Knights appeared on behalf of the Appellant
: The appellant was sentenced to 18 months' detention, imposed on 25th July 2010 by His Honour Judge Shorrock sitting in the Crown Court at Woolwich, following the appellant's conviction by a jury of a domestic burglary.
The circumstances of the burglary are significant in the context of this case. In the early hours of the morning, somewhere around 2 o'clock on 5th September 2009, a dwelling house in Sidcup, occupied by a lady in her 60s who lived alone, was attacked by this appellant. The occupier was disturbed by noise and the sounds of breaking glass and was wise enough to flee immediately to her neighbour's and the police were alerted. On their attendance at the scene there was evidence of a forced entry, of damage associated with it, but it was ascertained that nothing had in fact been stolen.
There was blood found at the scene which in due course was attributable to the appellant, his DNA having been extracted in a sample when he was arrested in respect of other matters a little bit later on.
This was, as domestic burglaries go, a serious one, because it was at night and because it involved an elderly sole occupant. It seems to us that the learned judge's instincts that only an immediate sentence of custody was justified were indeed correct.
The learned judge declined to order a pre-sentence report and imposed an immediate sentence of 18 months' detention. To refuse to permit a pre-sentence report, when dealing with a comparatively young offender, requires that a judge is very certain of his information and of his grounds. In this case a pre-appeal report has revealed matters which would have been relevant to the question of sentence. This was a young man with few convictions and, in particular, none for burglary and it was to be his first custodial sentence. He had been 19 at the date of the incident. Nothing had been moved or taken. But the pre-appeal report revealed a young...
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