Plea Mitigation Domestic Burglary

Sir If it pleases the court my name is Miss Hufsa Ahmed and I appear of Miss Mike . Miss
Pike has pleaded guilty to the offence of domestic burglary under the Theft Act 1968 section
9 . My plea mitigation today will be focussed on the events itself by addressing the relevant
provisions of the sentencing guideline and then I will be deal with Miss Pike’s personal
aggravating and mitigating factors.
Explain Aim:
Before we go any further Sir, would you like me to give you brief facts of the case since a
pre- sentence report was not made? No, I’m grateful
I will now be addressing the relevant provisions of the sentencing guidelines and Miss Pike’s
personal mitigating factors.
The purpose of the sentencing guidelines for criminal offences is to ensure consistency in
sentencing between courts .Under section 125 of the coroners and justice Act 2009 which
provides that every court must follow any relevant sentencing guidelines when sentencing .
Whilst there was insufficient time for a pre-sentence report to be prepared that day , the
case was adjourned. Sir Miss Pike did plead guilty to the offence at her first court
appearance and therefore I submit that it entitles Miss Pike up to 1 3 rd off the sentence
that the court will be imposing today.
Offence Mitigation: There is a balance of aggravating and mitigating factors in the case
Aggravating factors: A jemmy was used to force the door locks however Sir Miss Pike
didn’t use it Mr Web b did it was his idea to use it and miss Pike remained silent due to
the fear of Mr Webb it has been mentioned that he is aggressive .
Aggravating factors . Another factor is a threat which was made by Mr Webb to Mrs
Phillip and Mr Phillip to not report the incident .
Mitigating factors : Miss Pike is remorseful this is shown as she regrets her irresponsible
actions and is willing to pay to Mrs Elaine any damages which were caused at the incident.
Sir also , Miss Pike had followed the police officers instruction this shows that Miss Pike is a
honest character and has regretted following Mr Webb actions causing damages to Mr and
Mrs Philips property . However , she was under pressure as Mr Webb has abused her
several times .
Miss Pike hasn’t had any past previous convictions therefore this shows the risk of her
acting irresponsible in the future .
In relation to Culpability I would peremis that this offence would fall within culpability C
which is lower Culpability and falls under offence committed on impulse, with limited
intrusion into property . Involved through coercion , intimidation or exploitation . However
Miss Pike was under pressure of her boyfriend and she has been seen as remorseful as she
pleaded guilty at her first court appearance this shows Miss Pike had accepted her
irresponsible action. But however Sir , it has been seen in the case Mr Paul has been abusing
her so out of fear she has committed her actions and is willing to pay back any damages
caused to the property .
Level of Harm : In terms of harm I would also , deem this to be a level of harm falling in the
category 2 as there was damages to the property causing a moderate degree of loss to
victim such a theft of a necklace and bracelet . Also a moderate damage of disturbance to
property . However in this case Miss Pike is willing to pay back any damages which were
caused during the incident . However it was Mr Webb that caused damages to the property
and under pressure Mis Pike had to follow his instructions . The offence would fall under
Culpability C a lower culpability and category 3 . The starting point is 1 years in custody and
the category range falls under a high level community order including 2 years custody .

Sir I will now be examining Miss Pike’s offender mitigation

She has had a bad childhood as her mother died due to cancer leaving her a emotional
childhood as having no parent to support her she was also , in foster care at the age of 12
which shows she has never enjoyed a happy home life and also met Mr Webb which is her
boyfriend but he had also abused her . The incident has caused her fear and she is worried
her college would expel her as she has worked hard for it to achieve to the point where she
is now . If she gets a custodial sentence today her life would be over Sir it has been shown in
the case that Mr Webb is responsible for the actions caused to the property of Mr Philip and
Mrs Philip . Miss Pike is remorseful she was under pressure and caused her listening to Mr
Webb demanding actions.
- Justice will not be served for Miss Pike if she gets a custodial sentence therefore a
low level community order would be suitable .

Aims of Sentencing:
- Suitable Aim of sentencing for Miss Pike is reparation in this aim of sentencing Miss
Pike must repay society for her action caused. This will be done through the use of
unpaid work requirements on community projects. Which is usually monitored by
the Probation Services.
- -Reparation order is a maximum of 24 hours over a period of three months.
-
Five Aims of sentencing:
- Deterrence
- - Retribution
- Rehabilitation
- Reparation
- Protection of the public
Facts of the case:
-
- Mrs Phillips arrived at home at 9:20 pm on t he evening of 30th July
- Mrs Phillips housed robbed suspicion on Miss Pike
 - Miss Pike lived on rent on her property
- Cost of repairing the room was 750 and cost of replacing front door 175
- Miss Pike pleaded guilty to the offence of Burglary
- Miss Pike has been abused by her boyfriend Paul
- Never enjoy a happy home life Miss Pike
- Miss Pike mother died of cancer
- Her aunties and uncles were noy suitable to look after her she was put in care from
the age of 12
- Concerned if her college will expel her after knowing of her criminal offence as she
has worked hard for
- She’s happy in paying for damages ( reparation)
- Saving of 5,000
- Miss Pike was under pressure
- Threat was made on the mirror it had been written report it or regret it (THREAT)
- Mrs Phillips has known Miss Pike for 11 months she was renting their guest room
- In the statement page 2 Mrs Philips has mentioned Miss Pike hadn’t caused any
problems but after she had met Mr Webb there had been slight problems.
- On 29th July Mrs Philips had a discussion about Mr Webb Miss PiKE wasn’t happy
and said she wanted to leave she then returned her keys and said she will be back
for her belongings.

Witness statement from the police :

- Adam Pacifico police constable
- Was instructed to find Miss Pike
- Attended her work place new look and was introduced to Miss Pike
- Miss Pike had been questioned whether she was the night before the incident she
replied with her boyfriend Paul Webb she had then agreed she was at 24 foster
gardens
- Arrested for suspicion of burglary
- Key was in her pocket the police had questioned the key it was a key to her locker at
her work place
- In the locker there was a package could see a diamond necklace

Record of Interview:
Date of Interview : 3st July
-Time commenced : 13:30 hours
-Time concluded: 13:44 hours
- Duration of Interview 14 minutes
- Miss Pike agreed she went to 24 Foster Gardens
- She agreed her and Mr Webb had broken in but she needed her stuff Paul used a Jemmy
and forced the lock she had agreed that it wasn’t the right thing to do
-She tried to get in hold of Mr Philp and Mrs Philip but she couldn’t get in hold of them
-Rang the door bell no one answered but PAUL idea was use to a jemmy to force the lock
-She started to pack her stuff Mr Web had said they deserve a lesson
- Paul spray painted the wall and wrote the writing they went to KFC during a meal Paul
gave her a package and told her to look after it they then went to her work locker

Miss Pike statement

Evening of 30th July she went to foster gardens at 7:30PM
She was under alcohol at the time of evening
-Mis Pike was afraid if she didn’t follow Mr Webb instruction he would get angry

-
Damages to property
- Urination on the bedroom walls
- Bold lettering on the wall
- Empty cigarette packets and bottles
Stolen Item :
-Value of missing necklace 7,500 and bracelet value 5,000
- 40th wedding anniversary present from her husband precious to her
Aggravating factors: high value of stolen
Mitigating factors
Miss Pike is remorseful this is shown as she pleaded guilty