MEK, R. v [2025] EWCA Crim 1743 (12 December 2025)

MEK, R. v [2025] EWCA Crim 1743 (12 December 2025)

The trial judge was entitled to give an adverse inference direction as there was no evidence that the applicant's silence in interview was due to the scope of the interview or legal advice. However, the sentence imposed was manifestly excessive due to double-counting of age disparity and insufficient weight to mitigating factors; a suspended sentence of 18 months was appropriate.

Citation
[2025] EWCA Crim 1743
Parties
Prosecution: Rex; Applicant: MEK
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction refused; leave to appeal against sentence granted; sentence quashed and replaced with 18 months' imprisonment suspended for 18 months.
Legal Topics
Sexual Offences, Adverse Inference, Sentencing, Appeal Procedure
Criminal Law Sexual Offences Adverse Inference Sentencing Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

MEK

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in giving an adverse inference direction under circumstances where the applicant did not mention certain facts in interview but relied on them at trial
  2. 2 Whether the sentence imposed was manifestly excessive and whether mitigating factors were given sufficient weight

Ratio Decidendi

The trial judge was entitled to give an adverse inference direction as there was no evidence that the applicant's silence in interview was due to the scope of the interview or legal advice. However, the sentence imposed was manifestly excessive due to double-counting of age disparity and insufficient weight to mitigating factors; a suspended sentence of 18 months was appropriate.

Court Disposition

Leave to appeal against conviction refused; leave to appeal against sentence granted; sentence quashed and replaced with 18 months' imprisonment suspended for 18 months.

Orders

  • Sentence of 2 years and 4 months' imprisonment quashed.
  • Substituted sentence of 18 months' imprisonment suspended for 18 months.