Theft in Dwelling
Date Updated: January 2012
Title: Theft in dwelling
Offence: Theft - other
Legislation: S1 Theft Act 1968
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 7 years
Aggravating & Mitigating Factors
- Sentencing Guidelines Council
- Offender motivated by intention to cause harm or revenge
- Intimidation or face to face confrontation
- Use of force or threat of force short of robbery
- Use of deception
- Offender takes steps to prevent the victim from reporting the crime or seeking help
- Organised crime
- Professional hallmarks
- Pre-planning
- Sophisticated offence
- Targetting the vulnerable
Relevant Sentencing Guidelines
Sentencing Guidelines Council - Definitve Guidelines Theft and Burglary in a building other than a dwelling.Offences sentenced after 5/1/09.
First time offender aged 18 or over who pleaded not guilty.
Where the effect on the voctim is particularly severe, the stolen property is of high value (£2K+) or substantial consequential loss results a sentence in a higher range may be approriate
Type not involving vulnerable witnesses
Starting Point Community order (Medium)
Range Fine - 18 weeks
Type vulnerable witness
Starting Point 18 weeks
Range Community Order - 12 months
Type vulnerable victim involving intimidation or threat of force or deception
Starting Point 18 months
Range 12 months - 3 years
Relevant Sentencing Case Law - pre SGC
Vulnerable victims:
R v Flynn and Flynn [1993] 14 Cr.App.R.(S.) 422 B6-13I01
The defendants removed furniture from the home of an elderly couple and installed inferior furniture which they were to buy for a large sum. The original furniture was recovered. The victims were intimidated but not specifically targeted. 6 and 8 months.
R v Goatley [2006] 1 Cr.App.R.(S.) B6-13I13
Pleaded guilty to three counts of theft The defendant swapped a picture belonging to a 94 year old man for a cheap imitation and tricked two other men into allowing him to take two chairs (£7K) and a desk (£12K). Cynically took advantage of elderly people. 3 and a half years.
R v RICHARDSON [2000] 2 Cr.App.R.(S.) 373
Pleaded guilty to false imprisonment and theft. The defendant went to the home of a lady aged 89 with whom he was acquainted at night to use the lavatory , pushed the lady into a chair and demanded money. The defendant eventually left the house, taking £20 from her purse and pulling the telephone lead from wall. The defendant surrendered himself and admitted the offence. 4 years.
R v ALLRIGHT [1993] 14 Cr.App.R.(S.) 797
Pleaded guilty to two charges of theft. The defendant went into an office, ostensibly to use the toilet, and stole a lady's handbag on his way out; he was challenged and arrested shortly afterwards. Whilst on bail he stole a car stereo. Persistent thief but not past the custodial threshold.
Ancillary Orders:
- Restitution
- Compensation
- Deprivation
- POCA
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