The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Tuesday, July 05, 2005

Theft - Quiz

I have just been looking through my new Bench Book, and I thought that I would put a few groups of offences on to see what people think the guidelines are.

A few points first. All guidelines are for a first time offender pleading not guilty (so no discount on sentence). Aggravating and mitigating circumstances are looked at before passing sentence, but see if you can work out the starting point.

Available sentences are:-

A) Conditional Discharge or Fine
B) Community Sentence
C) Custody
D) Commit to Crown Court for sentence
Looking at the common dishonesty offences, what is the starting point for:

1) Aggravated Vehicle Taking (i.e. where damage is caused)
2) Burglary (Dwelling)
3) Burglary (Non-Dwelling)
4) Evasion of Duty (e.g. smuggled cigs or alcohol)
5) Going Equipped for Theft
6) Handling Stolen Goods
7) Making Off Without Payment ('bilking')
8) Obtaining By Deception
9) Social Security Fraud
10) Taking Vehicle Without Consent
11) Theft
12) Theft in Breach of Trust
Don't forget that these are starting points - courts commonly go up or down the tariff depending on the circumstances.