Malcolm Aien

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Charge:	Public Disruption (Breach of the peace)
Sentence:	"150 hours of community work and £1,000 compensation"
Years Imprisoned:
Year Crime:	2013
Year Convicted:	2015
Year Cleared:	2016
U.S. State or Country of Crime:	United Kingdom
County or Region of Crime:	Scotland
City of Crime:	Livingston
Result:	Judicially Exonerated
Summary of Case:	"Malcolm Aien was wrongly convicted in September 2015 of breach of the peace during a domestic dispute for allegedly repeatedly striking the windshield of a man's car with a metal bar while shouting, swearing and uttering threats of violence outside a house in Livingston, Scotland on December 20, 2013. Aien denied the account testified to by the man and his female companion. The prosecution did not present any evidence that the man's vehicle was damaged in any way. After Aien's conviction following a bench trial, he was sentenced to 150 hours of community work and ordered to pay £1,000 restitution to the man whose vehicle was allegedly damaged. On June 22, 2016 the Sheriff Appeal Court quashed Aien's conviction on the basis the prosecution's two witnesses were not "credible and reliable witnesses" because there was no damage to the vehicle of one witness which was a key part of the case against Aien, and the trial judge did not adequately explain why the testimony of the witnesses was accepted without corroboration."
Conviction Caused By:	Apparent perjury by the prosecution's two key witnesses.
Innocence Proved By:	"On June 22, 2016 the Sheriff Appeal Court quashed Aien's conviction on the basis the prosecution's two witnesses were not "credible and reliable witnesses" because there was no damage to the vehicle of one witness which was a key part of the case agaisnt Aien."
Defendant Aided By:
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Was Perpetrator Identified?
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Age When Released:
Sex:	Male
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Information Source 1:	"Sheriff Appeal Court goes against findings of first instance judge on evidence of Crown witnesses to allow appeal against conviction, scottishlegal.com, June 22, 2016"
Information Location 1:	http://www.scottishlegal.com/2016/06/22/sheriff-appeal-court-goes-against-findings-of-first-instance-judge-on-evidence-of-crown-witnesses-to-allow-appeal-against-conviction/
Information Source 2:	"[2016] SAC (Crim) 18 SAC/2016- 68/AP June 22, 2016"
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Malcolm Aien

Charge:

Public Disruption (Breach of the peace)

Sentence:

"150 hours of community work and £1,000 compensation"

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Scotland

City of Crime:

Livingston

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Apparent perjury by the prosecution's two key witnesses.

Innocence Proved By:

"On June 22, 2016 the Sheriff Appeal Court quashed Aien's conviction on the basis the prosecution's two witnesses were not "credible and reliable witnesses" because there was no damage to the vehicle of one witness which was a key part of the case agaisnt Aien."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Sheriff Appeal Court goes against findings of first instance judge on evidence of Crown witnesses to allow appeal against conviction, scottishlegal.com, June 22, 2016"

Information Location 1:

http://www.scottishlegal.com/2016/06/22/sheriff-appeal-court-goes-against-findings-of-first-instance-judge-on-evidence-of-crown-witnesses-to-allow-appeal-against-conviction/

Information Source 2:

"[2016] SAC (Crim) 18 SAC/2016- 68/AP June 22, 2016"

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: