[2007] EWCA Crim 3196
Where the appellant had been caught by police in possession of a large screwdriver and a socket set after a witness had seen him break into a car, the offences were not so serious to justify a custodial sentence. Although a community sentence was not available because the appellant was on remand for other matters, it was open for the judge to order a fine or a conditional discharge.
CA (Crim Div) (Laws LJ, Mackay J, Lloyd Jones J)
12/11/2007