Mullen & Ors, R. v (Rev 1)

Mullen & Ors, R. v (Rev 1)

Mullen's sentence was manifestly excessive given his limited role and duration; sentence reduced to 24 months. Davison's and Bingham's sentences were within permissible range given their roles, persistent offending, and aggravating factors; appeals refused. Financial reporting orders for 15 years justified by risk of reoffending and persistent dishonesty.

Parties
Prosecution: Regina; Applicant: Kenneth Mullen; Applicant: Adrian Davison; Applicant: Andrew Bingham
Jurisdiction
England and Wales
Judgment Date
01 March 2012
Procedural Posture
Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Sentence
Outcome
Mullen granted leave to appeal; sentence reduced to 24 months. Davison and Bingham refused permission to appeal. Financial reporting orders upheld.
Legal Topics
Conspiracy to Defraud, Boiler Room Fraud, Sentencing, Financial Reporting Orders
Criminal Law Conspiracy to Defraud Boiler Room Fraud Sentencing Financial Reporting Orders

Case Brief

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Parties

Regina

Prosecution

Kenneth Mullen

Applicant

Adrian Davison

Applicant

Andrew Bingham

Applicant

Procedural Posture

Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on Mullen, Davison, and Bingham were manifestly excessive
  2. 2 Whether the financial reporting orders were justified and proportionate

Ratio Decidendi

Mullen's sentence was manifestly excessive given his limited role and duration; sentence reduced to 24 months. Davison's and Bingham's sentences were within permissible range given their roles, persistent offending, and aggravating factors; appeals refused. Financial reporting orders for 15 years justified by risk of reoffending and persistent dishonesty.

Court Disposition

Mullen granted leave to appeal; sentence reduced to 24 months. Davison and Bingham refused permission to appeal. Financial reporting orders upheld.

Orders

  • Mullen's sentence quashed and substituted with 24 months' imprisonment.
  • Davison's and Bingham's sentences affirmed.