Stephen Stockdale [2019] EWCA Crim 1511

The appellant pleaded guilty to burglary and was sentenced to a term of 22 months and 14 days imprisonment.

The occupier of the house was disturbed by the burglar alarm at 330am and went to investigate. She subsequently found a small window had been smashed and that there had been various other attempts made at entry.

On appeal, issue was taken with the view taken by the Recorder that the separate attempts to gain entry ought to increase the sentence.

Held: in the view of the Court, the real substance of the appeal rests in whether or not the sentence should have been suspended. There was a good prospect of rehabilitation. There would also be a direct impact on his family and a loss of employment. In those circumstances, the Court substituted a suspended sentence with a term of the same duration suspended for 2 years.