Page 306 - 6. 2016 Diary 1st half New 26-05-21 No Table

J.G.J. Sharp for the appellant Bones.
CLP. Hennell for the appellants in Bebbington and others.
M. Sullivan and./. Rees for the Crown in the appeal of Bones.
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JUDGMENT
Hooper L.J.: On April 7, 2005 we reduced the sentence of imprisonment passed on the
appellant Dean Bones and adjourned the appeal against the making of an anti-social
behaviour order (“ASBO”) to enable the CPS to instruct counsel who would be able to give
us both general assistance about ASBOs and specific assistance about the ASBO in this case.
We resumed the hearing on July 5, 2005 and announced, at the conclusion, that the ASBO
was quashed for reasons which we would give later. Mr Rees had prepared a comprehensive
skeleton argument and we are particularly grateful to him for his help and to those in the
Home Office who have assisted him. We have incorporated much of what he wrote into the
judgment.
- On July 5, we also heard the appeals of Shaun Anthony Bebbington and others.
We granted leave to appeal and any necessary extensions of time. At the conclusion of the
hearing we announced our decision to reduce the sentence of 2 years’ imprisonment passed
on Lee William Schofield and substitute for it a sentence of 18 months’ imprisonment. We
look the view that a sentence of that length was sufficient. That was the only sentence of
imprisonment which we were asked to consider (the other appellants had served their
sentences). We quashed all the ASBOs other than those in respect of Schofield and Ian
Jeremy Stuart Bruce. In these two cases we announced that we would alter the terms of the
orders substantially but, given that we needed further material, we said that the precise detail
of the amended orders would be announced with our reserved judgment. We have now
received that detail.
Bones
- On April 7, Pilchers J. gave the following reasons for reducing the sentence of
imprisonment passed on Bones:
a. This 18-year-old appellant pleaded guilty to one count of dwelling house burglary and
one of the handing stolen goods in the Basingstoke Magistrates’ Court and was
committed to the Crown Court for sentence. On 17th December 2004 at the Crown Court
at Winchester he was sentenced to a total of three years’ custody and made subject to an
Anti-Social Behaviour Order for a period of five years to run from the date of his release.
b. The events of burglary were committed during the morning of 23rd October 2004 at an
unoccupied house in Basingstoke. The appellant and another entered through a kitchen
window and carried out an untidy search, stealing items to the value of £4,800, some of
which were of great sentiment value to the owner. When the appellant was arrested a
watch, which had been taken during the burglary was recovered from him.
c. There was another burglary the next day from a house in Basingstoke. When the appellant
was arrested, his home was searched and property from that burglary was recovered. He
admitted buying these items knowing they were stolen.
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R. v DEAN BONES AND OTHERS