Yahoo News Judge slams sentencing laws over thief who reoffended while on license
A judge has hit out at sentencing laws after being unable to extend prison time for a smash and grab thief who reoffended whilst on license.
Liam Scott, 24, had been out of prison for less than a year when he and two accomplices stole a Land Rover and went on a crime spree, including driving it through a caravan park clubhouse and a local supermarket.
Sentencing Scott to two-and-a-half years in prison, Judge Mark Weekes said his record was "appalling" and criticised the fact he could not hand out a longer sentence, saying: "I am unable today to impose what I think you richly deserve, which is a consecutive sentence.
"In common with many of my brother judges who have expressed this view over a recent period, I am frustrated at my inability to do so. But I must inevitably follow the law which in my opinion is ripe for review and amendment."
Scott and his accomplices took the Land Rover from an address in Faversham, Kent, before driving through the caravan park clubhouse in Whitstable, Kent, where they tried to steal a cash machine but were foiled when the straps they had attached to the car’s towbar snapped.
Instead, they took alcohol and a cigarette machine from the premises before heading to the nearby village of Teynham, where they used the vehicle to ram open the doors of a local Co-Op and steal tills containing large amounts of cash.
The crime spree, which took place in the early hours of 30 December 2023, caused more than £30,000 of damage. Dramatic CCTV footage shows the gang smashing open the village shop.
Scott was jailed for two-and-a-half years in what the judge described as "planned, professional, and determined hits".
Canterbury Crown Court heard that the 24-year-old had previously been jailed for 12 break-ins at various businesses across Kent in October 2022. Following his arrest, he was recalled to prison to serve the remainder of his sentence.
Following the sentencing, Kent Police released dramatic CCTV footage of the burglaries – and body-worn footage of the moment Scott was arrested for his crimes. In one video, the trio can be seen shaking a cash machine and trying to drag it from the wall at the Whitstable clubhouse before trying to open it with a crowbar, then attaching straps to it to try to pull it from the building using the stolen Land Rover but failing.
Another video shows the gang driving the same car into the doors of a Co-Op, before entering the shop wearing dark hooded clothing, face coverings, and gloves and raiding the premises.
In the final video, body-worn footage shows the moment Kent Police break down the front door to Scott’s home during an early hours raid, hauling him out of bed and placing him under arrest.
Reckless behavour
Scott, from Faversham, whose accomplices are still at large, pleaded guilty to two offences of burglary, as well as theft, making off without payment, and driving without insurance. His defence barrister said drug and alcohol abuse after the death of his father had contributed to Scott’s offending – as had losing work as a roofer and groundworker.
Detective Constable Aaron Chapman, from Kent Police, said: "Scott's reckless behaviour on the night of these offences caused huge damage and loss to the vehicle owner and the businesses involved. I am pleased our swift investigation has seen him identified as a suspect, arrested, charged, and now jailed less than six weeks after the offences took place.
"I hope the case sends out a message to anyone considering such criminal activity: We will track you down and hold you accountable for your actions."
How much freedom to judges have when it comes to sentencing?
According to the Judiciary website, a judge’s role is not to make law, but to "uphold and apply the laws made by parliament".
This means laws must be interpreted then applied by judges to different cases. Judges have to pay attention to guidelines produced by the Sentencing Council, which aims to promote greater consistency in sentencing, while maintaining the independence of the judiciary.
Guidelines are aimed to help judges and magistrates decide the appropriate sentence for a criminal offence. Within these guidelines, judges have some freedom to decide on a sentence.
The Sentencing Council website points out that the definition of offences and the maximum sentences for them are set by parliament, adding: "Judges and magistrates must obey these laws in sentencing and work within their limits. Whether a maximum sentence is one year or 10 years, judges must still decide on a proportionate sentence up to that maximum."
