Mallinson, R. v [2026] EWCA Crim 358 (04 March 2026)

Mallinson, R. v [2026] EWCA Crim 358 (04 March 2026)

Despite significant mitigating factors, the seriousness of the offences—namely, a serious breach of trust for substantial gain over a sustained period—meant that only immediate custody was appropriate; the sentencing judge's failure to explicitly consider suspension was an omission, but the outcome was correct.

Citation
[2026] EWCA Crim 358
Parties
Prosecution: Rex; Appellant: Daniel Mallinson; Appellant: Andrew Brown
Jurisdiction
England and Wales
Judgment Date
04 March 2026
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Conspiracy to Commit Theft, Transferring Criminal Property, Sentencing, Suspension of Custodial Sentences, Breach of Trust
Criminal Law Conspiracy to Commit Theft Transferring Criminal Property Sentencing Suspension of Custodial Sentences Breach of Trust

Case Brief

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Parties

Rex

Prosecution

Daniel Mallinson

Appellant

Andrew Brown

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to consider suspending the custodial sentences for the appellants despite mitigating factors.

Ratio Decidendi

Despite significant mitigating factors, the seriousness of the offences—namely, a serious breach of trust for substantial gain over a sustained period—meant that only immediate custody was appropriate; the sentencing judge's failure to explicitly consider suspension was an omission, but the outcome was correct.

Court Disposition

appeal dismissed

Orders

  • Appeals against sentence dismissed. Immediate custodial sentences to stand.