Shaun Davies has been told his 16-month prison sentence was 'justified' after he committed a burglary then nodded off
A drug-addled burglar caught napping in a hammock in his victim’s garden has been told by top judges he cannot complain about his jail term.
Shaun Davies told police he didn’t know where he was and said he was “off his head” when they woke him from his slumber.
He also replied “God knows” when asked why he had a lock knife with him.
The 28-year-old, of Meadow Street in Llanhilleth, admitted burglary, possessing amphetamine, and having a bladed article.
He was jailed for one year and four months at Cardiff Crown Court in October last year.
Davies challenged his sentence at the Court of Appeal, in London, with his lawyers arguing it was too tough.
But his complaints were rejected by three of the country’s most senior judges, who said his punishment was “justified”.
The court heard he was discovered by homeowner Yvonne Fowler as she went downstairs to the kitchen of her home in High Street in Pengam at about 8.30am on September 21 last year.
She noticed her garden furniture had been moved before spotting Davies asleep in a hammock beside her conservatory.
She called the police and, when they arrived, officers removed the knife from between his legs and asked if he knew where he was.
He told officers he was in Llandaff – which was about 15 miles away.
His pupils were dilated, he was shaking and sweating, and officers found a small amount of amphetamine in his pocket.
Three sheds in the garden had been raided and items were strewn around the garden.
There was also damage to a shed window and a padlock on the garden gate.
He apologised to Mrs Fowler as he was led away by police.
The court heard he had a number of previous convictions for burglary and drugs possession and one earlier incident of having a bladed item in his possession.
Rejecting his appeal, Mr Justice Garnham said the sentence could not be criticised in light of his record, the impact on the victim, and the fact he had only been released from an earlier jail term just over a month before this offence.
Sitting with Sir Brian Leveson and Mr Justice Jay, he added: “There is no proper arguable case that the sentence was inappropriate.”
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