Mulhern [2025] EWCA Crim 757

Mulhern, aged 51, was sentenced to 12 months’ imprisonment after pleading guilty to four offences: voyeurism, possession of extreme pornography, making indecent images of a child (Category C), and possession of indecent photographs of a child (Category C). All sentences were concurrent and immediate. The offences involved covertly recording a girl (aged 11 at the start of the offending, 16 at discovery) over several years, both at Mulhern’s home and her own, and curating a large collection of images with sexually explicit captions. The impact on the victim was severe, undermining her trust and sense of safety.

The sentencing judge considered both aggravating and mitigating factors, including Mulhern’s remorse, mental health, lack of previous convictions, and the significant personal consequences of his conviction.

The Solicitor General argued that the judge erred by treating the case primarily as one of voyeurism (maximum two years’ imprisonment), rather than focusing on the production of indecent images of children (maximum five years), which would have justified a higher starting point and potentially a longer sentence. It was submitted that the sentence before credit for plea should have been at least three years, resulting in two years after discount.

The Court of Appeal found the offending extremely serious and agreed that immediate custody was necessary. However, it held that the sentence imposed, while perhaps lower than some judges might have given, was not unduly lenient. The application for leave to refer the sentence was refused.