Lord Chief Justice Lord Judge was speaking after judge Michael Pert QC said that being shot by homeowners was simply a chance that burglars took.
Jailing burglars Joshua O'Gorman and Daniel Mansell for four years each, the judge told Leicester Crown Court:
I make it plain that, in my judgment, being shot is not mitigation.
If you burgle a house in the country where the householder owns a legally held shotgun, that is the chance you take.
You cannot come to court and ask for a lighter sentence because of it.
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The Sherlock actor made the comment while he received an award for his humanitarian work.