Brazen bur­glar loses ap­peal against two-year jail sen­tence

Kapi-Mana News - - FRONT PAGE - NI­CHOLAS BOYACK

A bur­glar who brazenly en­tered a Porirua home where a mother and four chil­dren were sleep­ing, has had his ap­peal against a sen­tence of two years and five months im­pris­on­ment, re­jected.

The Porirua Dis­trict Court ini­tially sen­tenced John Ray­mond Cash­more to three years jail for the bur­glary, which took place on Au­gust 19, 2016. Af­ter gain­ing en­try by smash­ing a glass win­dow in the laun­dry, Cash­more stole numer­ous per­sonal items, in­clud­ing elec­tronic equip­ment and a cell­phone.

He used in­for­ma­tion gained in the rob­bery to trans­fer $4870 from the oc­cu­pant’s per­sonal bank ac­counts in to his part­ner’s.

In an im­pact state­ment to the Porirua Dis­trict Court, the mother of four said the bur­glary had caused last­ing trauma.

Cash­more was ini­tially sen­tenced to three years for bur­glary and dis­hon­esty, with the judge not­ing he had 20 con­vic­tions dat­ing from 1999 to 2010.

Cash­more ap­pealed, ar­gu­ing he had not re­ceived suf­fi­cient credit for his re­morse and guilty plea. The sen­tence was re­duced to two year and five months.

Cash­more then ap­pealed that sen­tence to the Court of Ap­peal, where three judges heard his case.

His ap­peal cen­tred on the is­sue of whether or not he was a re­cidi­vist of­fender and the im­pact of im­pris­on­ment on his chil­dren. Cash­more’s lawyer also raised the pos­si­bil­ity of home de­ten­tion.

The Court of Ap­peal re­jected the ar­gu­ment that his pre­vi­ous of­fend­ing was no longer rel­e­vant. The judges also re­jected the claim that his sen­tence of more than two years would cause dif­fi­cul­ties for his chil­dren, say­ing ‘‘they will con­tinue to en­joy the day-to­day care of their usual pri­mary care­giver’’.

The court ruled there was no ba­sis on which a non-cus­to­dial sen­tence could have been jus­ti­fied.

Pic­tured with Welling­ton Deputy Mayor Jill Day are, from left, Levi Mitchell, Maddy Tay­lor, Laura Bundy, Han­nah Crampton and Nathaniel Bow­ers.

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