RK v R

RK v R

Admission of bad character evidence relating to Nigerian allegations did not cause unfairness to the appellant; the defence had sufficient notice and opportunity to investigate, and the judge gave proper directions to the jury. The conviction is safe and the sentence, though at the upper end, is not manifestly excessive given the aggravating factors.

Parties
Appellant: RK; Respondent: The King
Jurisdiction
England and Wales
Judgment Date
18 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed
Legal Topics
Rape of a Child Under 13, Bad Character Evidence, Sentencing Guidelines, Propensity Evidence, Fair Trial, Abuse of Trust
Criminal Law Rape of a Child Under 13 Bad Character Evidence Sentencing Guidelines Propensity Evidence Fair Trial Abuse of Trust

Case Brief

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Parties

RK

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether admission of bad character evidence relating to Nigerian allegations was unfair
  2. 2 Whether conviction is safe
  3. 3 Whether sentence was manifestly excessive

Ratio Decidendi

Admission of bad character evidence relating to Nigerian allegations did not cause unfairness to the appellant; the defence had sufficient notice and opportunity to investigate, and the judge gave proper directions to the jury. The conviction is safe and the sentence, though at the upper end, is not manifestly excessive given the aggravating factors.

Court Disposition

Appeal against conviction and sentence dismissed

Orders

  • Conviction upheld
  • Sentence of 15 years imprisonment with 5 years extended licence period confirmed