Brooks, R v, Court of Appeal - Criminal Division, July 14, 2017, [2017] EWCA Crim 1066

Resolution Date:July 14, 2017
Issuing Organization:Criminal Division
Actores:Brooks, R v
 
FREE EXCERPT

No: 2017/1044/A3

Neutral Citation Number: [2017] EWCA Crim 1066

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Friday 14 July 2017

B e f o r e:

MR JUSTICE SWEENEY

HIS HONOUR JUDGE ZEIDMAN QC

(Sitting as a Judge of the CACD)

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R E G I N A

DANIEL BROOKS

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Computer-Aided Transcript of the Stenograph Notes of

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(Official Shorthand Writers to the Court)

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Mr C Blatchford appeared on behalf of the Appellant

The Crown did not appear and was not represented

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J U D G M E N T1.1. MR JUSTICE SWEENEY: This is an appeal against sentence by leave of the single judge. On 6 February 2017 in the Crown Court at York, the Appellant, who is now aged 26, pleaded guilty to three offences of theft (Counts 1 to 3) and was sentenced by His Honour Judge Paul Worsley QC sitting as a Deputy Circuit Judge to 18 months' imprisonment concurrent on Counts 1 and 2 and 27 months' imprisonment concurrent on Count 3, making a total of 27 months' imprisonment.

1.2. Although she was separately indicted, there was a co-defendant, the Appellant's partner, Kimberley Newton, now aged 27, who pleaded guilty to four offences of theft, one of which was the same offence as the one to which the appellant had pleaded guilty in his Count 2. Her plea of not guilty to the offence to which the Appellant had pleaded guilty in his Count 3 was accepted. She was sentenced to a total of 16 months' imprisonment for the thefts and to three months' imprisonment consecutive for the breach of a conditional discharge for other offences of theft and common assault, making a total sentence in her case of 19 months' imprisonment.

1.3. In the period between 2004 and 2015 the Appellant appeared before the courts on 34 occasions for 65 offences. Thirty-four of those offences were offences of theft and the like, including 19 offences of shoplifting. His other offences included fraud, handling stolen goods, assaults, battery, criminal damage, aggravated vehicle taking and numerous breaches of court orders.

1.4. The shoplifting offences began in 2009 and were initially punished by community penalties or suspended sentences with which the Appellant failed to comply. In early 2012 he was sentenced to one month's imprisonment for a single such offence, and later in that year to eight months' imprisonment suspended for 18 months for three such offences and other offences. In 2013 for two such offences he was sentenced to a total of 28 days' imprisonment. In May 2014 for a single offence he was conditionally discharged. In July 2014 for two offences and for breach of the conditional discharge he was originally made the subject of a community order. In September 2014 for three offences he was sentenced to a total of 28 days' imprisonment suspended for six months. In January 2015 for five offences, for breach of...

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