Kyle Bucknall [2019] EWCA Crim 1549

The appellant changed his plea to guilty on two offences of driving while disqualified, aggravated vehicle taking and attempted burglary. He was sentenced to a total of 2 years and 6 months’ imprisonment. The appeal focussed on the credit given for the plea and the term for the attempted burglary.

The Court held that the offence was planned although not to the degree to indicate higher culpability. As to harm, the occupier and his children were home, and there was a significant loss by reason of the extra security equipment acquired. A two year term was justified.

The appellant had been sent to the crown court for trial, he pleaded not guilty at the PTPH, and the case was listed for trial. Following a number of hearings requesting disclosure, it transpired there was no forensic or dashcam material, and then the guilty pleas were indicated. The determination of the amount of credit was very much for the judge. The fact that there had been some informal discussions is to be encouraged. They will not, though, be sufficient to trigger the obtaining of credit unless, and until, the offender has indicated to the prosecution and the court his intention to plead guilty.

The appeal was dismissed.