The Court of Criminal Appeal adjourned Linda Mulhall’s application for leave to appeal her 15-year prison sentence, directing that psychological and probation reports be obtained before it decides the sentence challenge.
The court held that, in this case, proceeding to sentence without the reports meant the sentencing judge could not give full regard to established sentencing principles. It did not decide whether the sentence was unduly severe or whether any part should have been suspended. The court said those questions could not be determined without the reports.
Mulhall had been convicted of manslaughter by a jury in October 2006 and sentenced in early December that year. Her application sought leave to appeal on severity of sentence alone. Her counsel argued that reports requested for sentencing had not been provided in a form that allowed the judge to assess her circumstances and tailor the sentence. The prosecution submitted that the judge had considered the relevant sentencing matters and that the sentence might not have differed even if reports had been available.
The court rejected the argument that every accused person is entitled to an adjournment whenever they seek reports. Whether reports are needed depends on the case. Here, however, the sentencing judge had agreed to adjourn for probation and psychological reports, and the court considered the unusual and serious circumstances, the applicant’s background and a lengthy sentence made the reports particularly relevant.
A probation officer had visited Mulhall in prison several times. The judgment says earlier interviews could not be completed because she was distressed, and a later interview was satisfactory. But a full report was not ready for sentencing because the officer believed the hearing would be adjourned. Only a short letter was available, and no psychological report was before the sentencing judge. Mulhall’s counsel said he preferred an adjournment but did not formally apply for one.
The judgment also records evidence at sentencing that Mulhall had assisted gardaí and was remorseful. It describes her conviction in connection with the death of Mr Noor and the subsequent dismemberment and disposal of his body, while noting her role as presented in her statements and the evidence.
The appeal court directed that both reports be obtained and made available to it as soon as possible. It adjourned the leave application pending their receipt and said it would then hear submissions on the appropriate time for their provision before determining the severity arguments.