Jenny Quinn (aged 28) is employed as a care worker by the local council. One of the clients she regularly visits to cook and clean for is Mrs May Welsh (aged 82). Mrs Welsh, a widow,lives alone in her terraced house. On the night of 3 April, whilst Mrs Welsh was asleep in bed, she became aware of someone in the house. She went downstairs to investigate and saw a woman she believed to be Jenny Quinn standing in the hall. The woman ran out of the open front door of the house into a car which was waiting outside. With her she took a jewellery case which contained, among other items, Mrs Welsh’s engagement ring. None of the jewellery, which together is valued at under £1,000, has been recovered. It is the Prosecution case that, whilst working for Mrs Welsh, Jenny took her front door key and had it copied so that she could gain access to the house at a later date. The Prosecution says that on the night of the burglary she entered the house alone, but that she had been driven to the house by an accomplice (who has never been caught). Jenny was arrested the day after the offence and charged with burglary (an either-way offence). She has a previous conviction for a domestic burglary three years ago for which she received a community order. The case is listed for a plea before venue and mode of trial hearing in the Magistrates’ Court.
(b) If Jenny indicates a plea of guilty at the plea before venue hearing, what will be the
effect of that indication, and what is the procedure that the Magistrates are then likely
to adopt in relation to the burglary offence? Give reasons for your answer.
· As a result of the indication Jenny will stand convicted of the offence (MCA 1980, s.17A(6). [1 mark]
· The Court will consider whether to sentence her or to commit her for sentence under s.3 PCC(S)A 2000 (MCA 1980, s.17A(4)). [1 mark]
· They are likely to commit her for sentence havingheard from the Prosecution and Defence advocates in the light of theaggravating features and the previous conviction for burglary. [1mark]