Mulhern, R. v [2025] EWCA Crim 757 (01 May 2025)

Mulhern, R. v [2025] EWCA Crim 757 (01 May 2025)

The sentence imposed, though at the lower end of the appropriate range, was not unduly lenient as it was within the range a reasonable judge could impose, and immediate custody was justified given the seriousness of the offending.

Citation
[2025] EWCA Crim 757
Parties
Prosecution: Rex; Offender: Conor Mulhern
Jurisdiction
England and Wales
Judgment Date
01 May 2025
Procedural Posture
Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient
Outcome
application for leave refused
Legal Topics
Unduly Lenient Sentence, Sexual Offences, Voyeurism, Possession of Extreme Pornography, Making Indecent Images of Children
Criminal Law Unduly Lenient Sentence Sexual Offences Voyeurism Possession of Extreme Pornography Making Indecent Images of Children

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Parties

Rex

Prosecution

Conor Mulhern

Offender

Procedural Posture

Criminal Appeal / Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the sentencing judge erred in applying the sentencing guidelines for voyeurism rather than for making indecent images of children

Ratio Decidendi

The sentence imposed, though at the lower end of the appropriate range, was not unduly lenient as it was within the range a reasonable judge could impose, and immediate custody was justified given the seriousness of the offending.

Court Disposition

application for leave refused

Orders

  • Leave to refer the sentence as unduly lenient is refused.