Holmes [2019] EWCA Crim 612

The appellant pleaded guilty to burglary and was made subject to a community order of 12 months with a Rehabilitation Activity Requirement and a Curfew Requirement for 12 months.

The short point of appeal was that the sentence was manifestly excessive as the appellant had served the equivalent of a 12 month sentence on remand.

Held: the appellant’s extensive antecedent history meant that a community order with requirements was entirely appropriate notwithstanding the time on remand. The Recorder expressly took the remand time into account and it was a significant factor in allowing him to impose a non-custodial sentence. The appeal was dismissed.