It is always difficult to understand the reasoning behind a sentencing decision when given the bare facts over your Corn Flakes. Judge Ball had the benefit of comprehensive reports into the defendant’s circumstances and the circumstances surrounding the offences. Having said that (and I’ve finished my Bite-Sized Shredded Wheat) the sentence does seem unduly lenient.
Burglary can be dealt with either at the Crown Court (as in this case) or at the Magistrates’ Court. Magistrates obviously decided to commit Mr Wernham to the Crown Court, probably because of the number of offences to which he had admitted and the value of the goods taken. This would normally (though not necessarily) mean that they envisage an appropriate sentence greater than their powers allow (which in this case this would be twelve month’s custody, as they would be sentencing two or more “either way” offences).
The sentence seems even more strange when examining judges’ sentencing guidelines. These state that even if the burglaries are “standard” (that is with no aggravating features such as violence) then for a defendant with two or more previous convictions the starting point should be three year’s custody.
These may well have been Mr Wernham’s first convictions for burglary. Nonetheless Judge Ball has certainly departed considerably from that guidance, which goes into more detail on how to deal with prolific offenders and those committing multiple offences.
My own view is that he has placed undue weight on the rehabilitation element of the sentence and not given sufficient consideration to the “punishment” and “protection of the public” elements. But that’s only my view and I do not have the benefit of Judge Ball’s experience, or of the reports that had been prepared.