Kiely, R. v

Facts

The applicant, John Anthony Kiely (also known as McDonna), aged 42, had an extensive criminal record — some 30 previous convictions between 1979 and 2008, comprising 69 offences, a very substantial proportion of them burglaries, including a significant number of distraction burglaries. He pleaded guilty at Preston Crown Court on 29th June 2007 to two domestic burglaries and asked for 18 further burglaries or attempted burglaries to be taken into consideration. The first burglary took place on 29th January 2007 in Kirkham, Lancashire, and the second on 16th February 2007 in Preesall Road, Preston. On each occasion two men called at the home of a vulnerable householder with a false story and stole £70 in cash in the first case and £35 in the second. The first victim was 91 years of age, became depressed after the burglary and died shortly afterwards; the second was elderly and disabled. On 20th August 2007 His Honour Judge Stuart Baker sentenced him to five years' imprisonment concurrent on each count, expressly directing that it run consecutively to his existing sentence, with credit for eight days spent on remand. The Registrar referred the matter to the full court, the direction for a consecutive term being said to be unlawful.