I Was A Victim Of Crime (Burgulary) And I Would Like To Know What The Sentence Will Be

[misscupcake]

My home was burgled whilst we slept and my laptop and bag were taken.

The following morning my (reported) cards were used several times to buy booze as soon as the shop opened. A week later the user was identified and arrested. He as charged with fraud and burglary has a long record for similar and more petty crimes and is an addict.

I have now been told he has admitted the fraud but denies the break in and says he was given the card knowing they were stolen. The CPS has decided to charge him with handling stolen goods (instead of burglary) both if which admits and will be sentenced to in 3 weeks.

Based on the circumstances what is the most likely outcome? A fine? Suspended sentence? I know its not the crime of the century but knowing someone was walking around our home while we slept has really impacted us. I know its silly. Thanks in advance!

[EDDIE51]

A few hours community service work.
No point in a fine as he will not be working and what money he does have goes on drugs. No chance of a suspended sentence that's too harsh. But
if it was possible to get a burglary charge to stick there may be a chance of a suspended, but not for 'handling'.

[Buenchico]

See pages 389 to 394 here to read exactly what the magistrates have to read when considering sentencing for an offence of handling stolen goods:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Final-MCSG-July-2016-1.pdf
My opinion is that 'culpability' be will rated as 'C', with 'harm' placed at '3'. A 'C3' offence would normally result in a fine but it can be dealt with by a community order. (It can't lead to imprisonment).

See pages 327 to 333 for the fraud offence.
My opinion is that 'culpability' will be rated as 'C', with 'harm' placed at '5'.A 'C5' offence would normally result in a fine but it can be dealt with by a community order. (It can't lead to imprisonment).

As any fine would have to take into account the offender's income (which isn't going to be great), I'd think it more likely that the magistrates would choose to impose a community order covering both offences, probably meaning a period of unpaid work, plus 'probation' (possibly including a requirement to attend a course designed to help offenders get off drugs).

[ummmm]

I was burgled while we slept. He got 4 and 1/2 years.

[Buenchico]

^^^ The courts do, indeed, take domestic burglary very seriously, Ummmm.

However the offender in this case hasn't been charged with burglary but only with handling stolen goods.

If the court agrees with the classifications I've used, a custodial sentence simply isn't possible.

[clairson59]

Sentence may depend on whether he has any other offences on file as well. Such as a previous suspended sentence.

[EDDIE51]

^^ clairson59, Prison sentence suspended or not is not even possible for this offence, see Beunchico's post at 08.32 on the 25th !

[clairson59]

Eddie51 I was referring to any previous suspended sentence the criminal already has on record that may impact the outcome of sentencing in this case. If he has, he may be sent to prison for the previous offence if it would have been a custody case if not suspended.

[EDDIE51]

There is no mention that the culprit has any previous convictions.
If he had a suspended sentence that should have been activated as soon as he was arrested and he would have been sent to jail to await sentence for this offence. The fact that he is free and has to return to court indicates there is no active suspended sentence. Only the judge or magistrate will know about his past criminal record when passing sentence.

[douglas9401]

"He as charged with fraud and burglary has a long record for similar and more petty crimes and is an addict"

Brought to you as a public service, EDDIE.

[EDDIE51]

Ok But as I said, if he was on a suspended sentence it would have been activated as soon as he was arrested.The fact that he has been arrested and bailed means there is no active suspended sentence.
This offence is not a possible jail term so his past convictions will increase the time he has to do for community service but not send him to jail.

[ToraToraTora]

He'll get sent on Safari.

[EDDIE51]

He will probably get sentenced to helping clean up old and disabled peoples gardens for them. While doing it he can 'case' a few more houses looking for to one burgle. Don't laugh, this actually happened in my area!