Arthur Gaskin [2019] EWCA Crim 1048

The appellant was convicted of two offences of domestic burglary and was committed for sentence for a non-dwelling burglary. He was sentenced to 7 years’ imprisonment for the domestic burglaries with 8 months concurrent for the non-dwelling offence.

The domestic burglaries were “mean and despicable offences, targeting vulnerable elderly victims in their own homes”. The appellant had a bad record for serious offences of dishonesty and a substantial custodial term was inevitable.

The grounds for appeal were that the judge failed to have sufficient regard to the delay in the case coming for trial, failed to take account the personal mitigation, and to the principle of totality.

Held: the judge was ideally placed to assess culpability, harm and the overall seriousness of the offences, the sentence was properly and necessarily severe. The appeal was dismissed.