Cross-dressing Burnley burglar loses appeal over jail sentenceA cross-dressing burglar who broke into houses and filmed himself
wearing victims’ underwear has failed in a challenge to his minimum
jail term.
Gary Marie, 43, of Colne Road, Burnley, was caged for a minimum of six
years at Preston Crown Court last May for a string of offences.
He admitted burglary, going equipped for burglary, using a firearm with
intent to resist arrest, and six counts of assault occasioning actual
bodily harm.
And he was convicted by a jury of six counts of voyeurism, 11 of
possession of indecent photographs of children, and one of taking such
a photo.
Today, he challenged the length of his minimum term at the Court of
Appeal, but had his case rejected by Mr Justice Foskett, Sir Anthony
May and Mrs Justice Nicola Davies.
Mr Justice Foskett said the seriousness of the offences justified the
term, but that Marie may not even be released then as he will have to
convince the Parole Board he is safe before going free.
The court heard he had photographs of himself in other people’s homes,
engaged in sexual activity and wearing female victims’ underwear, and
numerous voyeuristic images of under-age girls.
Medical reports compiled before his sentencing detailed his sexual
confusion and said he would need extensive help if he was to overcome
his problems.
Sentencing him, the crown court judge said he was a significant risk of
causing serious harm and had to be locked up for at least six years
before even applying for release.
Upholding the term at the Court of Appeal, Mr Justice Foskett said
that, although six years was “severe”, it could not be said to be
excessive.
“These were grave burglary matters with a sexual motive and voyeurism,
and with the use of a CS gas cannister on no less than six police
officers who were trying to arrest him,” he said.