Tougher burglary sentences urged

By Dominic Casciani BBC News home affairs reporter

Lord Chief Justice: Stiffer sentences

The Lord Chief Justice of England and Wales has urged stiff sentences for burglars who steal sentimental and irreplaceable items such as photos.

Lord Judge said there must be more consistent sentencing recognising a victim's trauma and loss.

The strongly-worded guidance came in a Court of Appeal judgement upholding sentences against six burglars.

The judgement means sentences should now recognise both economic losses and the importance of the family home.

In the case, Lord Judge and two other Court of Appeal judges rejected appeals by burglars from various parts of England who had claimed that their sentences were too long for the crimes they had committed. The sentences ranged from 12 months to five years.

The loss or destruction of letters written in the early days of courtship may distress the widow or widower who has lost them far more than the disappearance of valuable electrical equipment Lord Judge, the Lord Chief Justice Read judgement on the Judiciary website (leaves BBC)

"Burglary of a home is a serious criminal offence," said the Lord Chief Justice. "There is a long-standing, almost intuitive, belief that our homes should be our castles. Something precious is violated by burglary of a home and those who perpetrate this crime should be sentenced and punished accordingly."

Lord Judge said that it was not just the theft of valuable goods that affected victims, but theft of items of sentimental value.

"Many warm and happy memories of bygone years can be destroyed as a direct consequence of burglary. For some, indeed, their home becomes something of a prison as they barricade themselves behind the security arrangements they believe they need."

In one of the appeal cases, heroin addict Rebecca Saw broke into a home of a young couple and baby in Boston, Lincolnshire. She and her boyfriend fled when the householders heard a noise.

Rebecca Saw: Stole baby scan photo

They stole the couple's car - but also a scan photograph of the baby in the womb.

The mother was so traumatised by the break-in she suffered panic attacks, fearing for her baby's safety, and had to move in with her own mother.

"Whether or not the burglar has any specific intention to cause harm, he runs the risk that the victm or victims may suffer serious adverse consequences," said Lord Judge.

"Where this happens, sentences should be reflective even of unintended consequences."

"Where goods of slight economic but significant sentimental value are taken or damaged, the impact on the victim is likely to be high, not least because these objects are irreplaceable," said the judgement.

"A photograph is worth nothing, except to the person who owns it. But it may be the only image left of grandparents or now deceased parents.

"The loss or destruction of letters written in the early days of courtship may distress the widow or widower who has lost them far more than the disappearance of valuable electrical equipment."

In practice this should lead to burglars who steal an irreplaceable family heirloom of little real value receiving prison terms similar to those who walk out with an expensive modern television. Burglars who are caught for a third break-in should be jailed for at least three years, said the judges.

The judgement will act as important sentencing guidance to crown courts in England and Wales and has come after some misunderstandings of the existing guidelines on burglary sentences.

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