Emmanuel Richards v Rex

Emmanuel Richards v Rex

The judge's decision to admit historic sexual convictions was within the range of reasonable discretion and did not render the trial unfair; there was no prosecutorial non-disclosure; fresh evidence from Mr Docherty lacked credibility and reasonable explanation for late introduction; the sentence was not manifestly excessive given the appellant's overall criminality and dangerousness.

Parties
Appellant: Emmanuel Richards; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
08 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Bad Character Evidence, Disclosure Obligations, Fresh Evidence, Sentencing, Sexual Offences, Domestic Violence, Coercive Control
Criminal Law Bad Character Evidence Disclosure Obligations Fresh Evidence Sentencing Sexual Offences Domestic Violence Coercive Control

Case Brief

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Parties

Emmanuel Richards

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting bad character evidence of historic sexual convictions
  2. 2 Whether there was demonstrable non-disclosure by the prosecution
  3. 3 Whether fresh evidence should be admitted under s.23 Criminal Appeal Act 1968

Ratio Decidendi

The judge's decision to admit historic sexual convictions was within the range of reasonable discretion and did not render the trial unfair; there was no prosecutorial non-disclosure; fresh evidence from Mr Docherty lacked credibility and reasonable explanation for late introduction; the sentence was not manifestly excessive given the appellant's overall criminality and dangerousness.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence upheld
  • No admission of fresh evidence