Anthony Fearn [2019] EWCA Crim 1232

The offender pleaded guilty to burglary inflicting grievous bodily harm and was sentenced to a community order. An application was made for the sentence to be reviewed.

The offender was in an on-off relationship with a prostitute and went to the address of one of her clients who she said owed her money. The client went outside and refused to hand over any money. The offender and another male pushed their way into the house, the offender took money and the other male took a television. The offender punched the client in the face causing a depressed fracture of the cheek bone.

The offender pleaded guilty to burglary on the basis he only took the money he believed owed and told the other male not to take the television, he had originally been charged with robbery and attempting to cause grievous bodily harm with intent. By the time of sentence, he had spent a little over 6 months on remand and 68 days on qualifying curfew. Due to his previous convictions he was liable to the minimum sentencing provisions of s111.

The sentencing judge concluded it would be unjust to impose the minimum sentence because of the unusual circumstances of the offence, the period of time he had stayed out of trouble, the efforts made to address his drug problem and the time span of the qualifying offences.

Held: accepting that the offender was not acting dishonestly in taking the money the fact remained he inflicted grievous bodily harm on a man in his own home, in anger as a form of revenge. It was many years since the commission of the second qualifying offence, but a succession of other criminal offences had been committed. It was also accepted that the offender showed genuine remorse and a willingness to address his drug habit. It was not accepted that the circumstances of the offence or the offender rendered it unjust to impose the minimum term. The sentence was unduly lenient, it was quashed and substituted for it as a sentence of 876 days’ imprisonment.