R v MEK

R v MEK

The recorder 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. The sentence imposed was manifestly excessive due to double-counting of age disparity and insufficient weight to mitigating factors; the sentence was reduced and suspended.

Parties
Applicant: MEK; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
14 January 2026
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction refused; leave to appeal against sentence granted and appeal allowed.
Legal Topics
Sexual Offences, Adverse Inference, Sentencing, Reporting Restrictions
Criminal Law Sexual Offences Adverse Inference Sentencing Reporting Restrictions

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Parties

MEK

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the recorder erred in giving an adverse inference direction regarding the applicant's silence in interview
  2. 2 Whether the sentence imposed was manifestly excessive and involved double-counting of aggravating factors

Ratio Decidendi

The recorder 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. The sentence imposed was manifestly excessive due to double-counting of age disparity and insufficient weight to mitigating factors; the sentence was reduced and suspended.

Court Disposition

Leave to appeal against conviction refused; leave to appeal against sentence granted and appeal allowed.

Orders

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