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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Passoni, R v [2009] EWCA Crim 1217 (21 May 2009) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2009/1217.html Cite as: [2010] 1 Cr App Rep (S) 37, [2009] EWCA Crim 1217, [2010] 1 Cr App R (S) 37 |
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CRIMINAL DIVISION
The Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE McCOMBE
and
SIR PETER CRESSWELL
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R E G I N A | ||
- v - | ||
THOMAS ALAN JOHN PASSONI |
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Wordwave International Ltd (a Merrill Communications Company)
165 Fleet Street, London EC4
Telephone No: 020 7404 1400; Fax No 020 7404 1424
(Official Shorthand Writers to the Court)
Miss J Rickman appeared on behalf of the Crown
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Crown Copyright ©
Thursday 21 May 2009
LORD JUSTICE GOLDRING: I shall ask Mr Justice McCombe to give the judgment of the court.
MR JUSTICE McCOMBE:
"22. The presence of the victim at home in bed at night while the burglary occurs may well occasion especial trauma certainly if woken by the burglar, and even more so if he or she sees, or, worse, is confronted by the burglar. In these circumstances it would be unrealistic to regard the victim's presence at home during a nighttime burglary as merely a medium-level aggravating feature. The same may apply when the householder is at home during the daytime when a forced entry takes place, particularly if the home owner is someone on his or her own, or someone who by himself or herself is caring for children or the elderly. Such a burglary is likely to cause considerable alarm and distress, and, often perhaps overlooked, while it is taking place, uncertainty about what to do and great fear about what may lie ahead. To all this we would of course add the particular effect on the elderly and infirm, whose last years can be overshadowed by what sometimes becomes an ever present, pervading fear and constant nervousness. Many warm and happy memories of bygone years can be destroyed as a direct consequence of burglary, and for some indeed, their home becomes something of a prison, as they barricade themselves behind the security arrangements they believe they need."