Custody Avoided in High-Value Night-Time Commercial Burglary with LorryChaynee Hodgetts, instructed by Mr Md Omar Saleem and Mr Hasnain Khan of Lexis Solicitors, represented BK at Lewes Crown Court in relation to a commercial burglary arising from a co-ordinated attempt to steal high-value goods from a warehouse compound, at night, using a lorry.
The Prosecution case was that, in the early hours of the morning, having overridden entry systems, BK and others entered a secure industrial site in Crawley, using a lorry. The group was said to have sought to remove goods valued at up to £85,000. The operation was interrupted after security systems were triggered, with police apprehending BK near the scene. The Crown relied on forensic evidence, including BK’s blood on a cut fence and DNA on a glove recovered at the scene, alongside the surrounding circumstances of his presence at the location at approximately 3am.
On its face, the case bore the hallmarks of a planned commercial burglary, placing it firmly within the range where immediate custody was a realistic and likely outcome, particularly given the value involved and the apparent organisation of the offence.
Having been instructed shortly before the hearing, Ms Hodgetts adopted a focused sentencing strategy, including seeking a Goodyear indication, and mitigating extensively. Particular weight was placed on BK’s comparative youth (19 at the time), his now settled circumstances, his positive engagement at court with Probation, and his imminent fatherhood.
Following submissions, the court accepted that, despite the seriousness of the offending, the case could properly be brought just below the custodial threshold. The Judge expressly recognised the combination of delay, age, plea, and progress made, noting that the matter “tilted” just away from immediate custody.
BK was sentenced to a 12-month Community Order with 150 hours unpaid work, thereby avoiding a custodial sentence in circumstances where imprisonment had been a realistic prospect.