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R v Ian Tate

In the circumstances, the judge had been entitled to impose a sentence of six years’ imprisonment for an offence of burglary where the defendant had forced his way into the victim's home at night and had seriously injured the victim. A co-defendant’s good fortune in receiving a lesser sentence was not a reason to impose a lesser sentence than the facts of the case merited.

15 September 2006

The appellant (T) appealed against a sentence of six years’ imprisonment following his conviction for burglary. The victim (V) had been at home with his partner and young child in the early hours of the morning. T and a co-defendant (S) forced their way into V's home by kicking through a door and proceeded to attack V with various weapons including a pick-axe handle. V suffered a broken elbow, cuts and bruising. T demanded £700 which he alleged V owed him for drugs and then left following S's request to desist. T and S were charged with burglary and aggravated burglary. At trial, they were acquitted on the second count because the jury was not satisfied as to the allegation that T and S had armed themselves prior to their entering the house and therefore could not find that T and S had the requisite intention to commit an aggravated offence. S was sentenced to 45 weeks’ imprisonment suspended for two years with a condition that he finish an art course. T submitted that in all t...

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