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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 >> Bretton, R v [2010] EWCA Crim 207 (13 January 2010) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2010/207.html Cite as: [2010] Fam Law 451, [2010] EWCA Crim 207, [2010] 2 FLR 73 |
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CRIMINAL DIVISION
Strand London, WC2 |
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B e f o r e :
MR JUSTICE WYN WILLIAMS
RECORDER OF CROYDON
(Sitting as a Judge of the Court of Appeal Criminal Division)
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R E G I N A | ||
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BRETTON |
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"Ms F has been the victim of violence from Mr Bretton on numerous previous occasions which led to the installation of panic alarms, CCTV and the imposition of a non-molestation order. Having experienced previous violence is likely to increase the victim's vulnerability. Ms F is additionally vulnerable due to her illness which requires her to be on a dialysis machine daily. This fact is likely to significantly add to her distress, as well as coping with her illness and raising her children she has been subjected to a pattern of violence and harassment. The victim's statements describe her and their children as being very frightened during these offences, and in fact in general. As well as the financial loss, loss of her car would impact on her ability to manage on a day to day basis, especially due to her illness. There is also likely to have been significant emotional distress to all who witnessed this incident, not to mention the risk Mr Bretton was placing others in. Although with hindsight Mr Bretton is able to identify the impact of his behaviour on the victim, their children and other people present, it is clear he did not consider this at the time, and despite being aware of the effect has, in fact, demonstrated a pattern of repeating violent and aggressive behaviour towards the victim.
Mr Bretton told me he was angry with the victim as she had been 'cheating on me'. He said he was angry and says he was grieving for his sister who died in December 2008. He said the victim knows which buttons to push and winds him up, and said he was drinking heavily which he also says he feels contributed towards his behaviour. I note from Probation records that other than the death of his sister, an almost identical explanation was given for his behaviour at the time of his last pre-sentence report in August 2008. This is clear evidence of victim blaming and an attempt to justify his offences. It also appears he has not progressed since August last year in terms of developing his understanding of the motivation for his offending or taken any real steps towards changing his behaviour. Having argued with the victim he went out of his way to go to the victim's location, evidencing pre-meditation, although he claims he set fire to the car on the spur of the moment and denies this was planned. It is clear that Mr Bretton has significant deficits with regards to his ability to recognise and resolve problems, such as his problematic alcohol use, his difficulties with his emotional well being/mental health, his poor anger management and his attitudes towards the victim and their relationship. It is essential that he fully engages in work to address these areas if he is to reduce his risk of further similar offending.
During interview Mr Bretton told me he was 'horrified' by his offence of arson and that he was sorry for what he had done. He also demonstrated a good understanding of the impact of these offences on his partner, children and witnesses. It is my assessment that this remorse was genuine and that he accepts the harm his behaviour causes. However, as stated above, Mr Bretton did attempt to attribute blame on his partner for winding him up, and claimed he had a 'black out', suggesting he was not in control of his behaviour. Although alcohol is certainly likely to have acted as a disinhibitor, the underlying reasons for his behaviour remain present and as such it is my assessment that Mr Bretton is fully culpable for his actions."
"The current offences form part of an entrenched pattern of offending behaviour beginning in 2001 when the defendant was 13 years old. They also take place within the context of a violent and abusive relationship and, based on Police records, what appears to be a pattern of continued harassment of the victim since their relationship ended. He has 6 previous convictions for criminal damage, 9 convictions for assault (victims include Police, the current victim and her daughter), two convictions for robbery, as well as offences of theft, driving offences, burglary, threatening behaviour, possession of offensive weapon, breaches of community orders and breaches of a previous ASBO. The current offence of arson also represents an escalation in the seriousness of his offending. Records indicate Mr Bretton has a poor history of compliance and engagement with community orders and although he tells me he wants to get help to address his difficulties and his offending his previous lack of engagement raises concerns about the extent to which he would comply were he made subject to community supervision again. He is currently assessed as presenting a high risk of re-offending."