16th January 2012
UK courts adopt new sentencing guidelines for burglaries
New sentencing guidelines have come into force in the UK courts with the effect on the victim as central to determining the sentence, it was reported by the BBC.
A burglary will be considered more serious if it is judged to be racially or religiously aggravated, or motivated by hostility based on the victim's sexual orientation, or by a disability.
If the victim is at home or returns home during the crime, it will be determined as more harmful, particularly he or she suffers significant physical or psychological injury as a result of the burglary.
The new guidelines are based on a Burglary Offences Draft Guideline report published by the Sentence Council for England and Wales in May 2011.
Lord Justice Leveson, chairman of the Sentencing Council, said last year: "The crime of burglary is not simply a crime against property, it is a crime against the person.
"We advise, consistent with the law, that judges should consider harm and culpability: greater harm and greater culpability always jail, but lesser harm and lesser culpability, not necessarily."
Criminals will be held in higher culpability if they are found to have been equipped for burglary, had a weapon present or displayed a significant degree of planning or organisation.
Offenders burgling homes face up to six years in jail, up to five years in non-domestic cases, and up to 13 if armed.
High culpability will also be assessed depending on the extent of theft or damage to any property, in terms of its economic, commercial or even sentimental value to the victim.
There are also certain factors indicating lesser harm or culpability, for instance, if the offender limits the amount of damage or disturbance to the property.
Judges will also take into account whether or not the offence was committed on impulse, and if the offender was exploited by others, or suffered a mental disorder or learning ability which could have impaired his or her judgement.
Posted by Penelope Fitzgerald
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