Emsden, Kevin

Kevin Emsden was convicted in April 2014 of fraud and making off without payment. Mr Emsden received a sentence of 33 months’ imprisonment.

The CCRC received an application for review of Mr Emsden’s sentence in May 2015.

Before Mr Emsden was sentenced, he gave evidence in another trial of a man who was subsequently convicted of attempted rape.

Mr Emsden had pleaded guilty in his own case and the CCRC considered that at sentencing he should have been given credit for his assistance in the other trial.

It is an established feature of the sentencing process that credit can be given to an offender who provides assistance to the authorities by, for instance, giving evidence in another defendant’s trial.

The sentencing judge and subsequently the Court of Appeal were not made aware of the nature of the assistance given by Mr Emsden.

Following review, the CCRC concluded that Mr Emsden was entitled to some credit for his assistance and that there was new information which should have formed part of the mitigation presented at Mr Emsden’s sentencing hearing.

The CCRC referred the sentence in October 2015.

The Court of Appeal reduced the sentence in November 2015.