R v Kieran Mullen
The original sentences on counts 2, 3, and 4 were unduly lenient as they fell below the guideline range for the offences and the reductions for totality, youth, and delay were excessive. The just and proportionate sentence, reflecting the gravity and multiplicity of the offences, is 13 years' imprisonment, achieved by increasing counts 2 and 3 to 6 years each (concurrent) and count 4 to 7 years (consecutive).
- Parties
- Respondent/offender: Kieran Mullen; Prosecution: Rex (The Crown); Applicant/referrer: Attorney General
- Jurisdiction
- England and Wales
- Judgment Date
- 19 February 2026
- Procedural Posture
- Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
- Outcome
- Appeal allowed; sentences on counts 2, 3, and 4 quashed and substituted; total sentence increased.
- Legal Topics
- Sentencing, Rape, Sexual Offences, Unduly Lenient Sentences, Appeal Procedure
Case Brief
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Parties
Kieran Mullen
Respondent/offender
Rex (The Crown)
Prosecution
Attorney General
Applicant/referrer
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the original sentences for rape and sexual assault were unduly lenient
- 2 Proper application of Sentencing Council Definitive Guideline for rape
- 3 Appropriate adjustment for totality and mitigating factors
Ratio Decidendi
The original sentences on counts 2, 3, and 4 were unduly lenient as they fell below the guideline range for the offences and the reductions for totality, youth, and delay were excessive. The just and proportionate sentence, reflecting the gravity and multiplicity of the offences, is 13 years' imprisonment, achieved by increasing counts 2 and 3 to 6 years each (concurrent) and count 4 to 7 years (consecutive).
Court Disposition
Appeal allowed; sentences on counts 2, 3, and 4 quashed and substituted; total sentence increased.
Orders
- Solicitor General granted leave to refer under s.36 Criminal Justice Act 1988
- Sentences on counts 2 and 3 increased to 6 years each, concurrent
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