Brazen burglar loses appeal against two-year jail sentence
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.