A. B. (Canadian defendant)

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Charge:	Sexual Assault (includes aggravated)
Sentence:
Years Imprisoned:
Year Crime:	2009
Year Convicted:	2011
Year Cleared:	2016
U.S. State or Country of Crime:	Canada
County or Region of Crime:
City of Crime:	Barrie
Result:	Judicially Exonerated
Summary of Case:	"A. B. was wrongly convicted in 2011 of sexually assaulting and threatening to kill his ex-wife in Barrie, Ontario, Canada in February 2009. A.B.'s prosecution was based on the testimony of his ex-wife that he forced himself on her. A.B. admitted having sex with his ex-wife after they had separated, but he said it was consensual. A.B. also said that was proven by a Facebook message sent by his ex-wife to his new partner and now wife. His ex-wife testified that she couldn't remember sending any messages, and the prosecution objected to testimony about them on procedural grounds. The judge granted the prosecution's objection, and instructed the jury to disregard all testimony about the messages. After his conviction by a jury A. B. appealed. During his appeal A.B.'s lawyer had his current wife's computer examined by a forensic expert who located the "missing" Facebook message that was sent on February 23, 2009. The expert authenticated that neither the date nor the content had been tampered with, and that it had been sent from a computer associated with the computer of the brother of A.B.'s ex-wife. The message to A.B.'s then girlfriend stated that she was having sex with A.B. When interviewed A.B.'s ex-wife admitted she sent the message. A.B. sought leave to include the new "fresh" evidence in his appeal that he had not committed his convicted crime and undermined the credibility of his ex-wife's trial testimony. The prosecution conceeded the authenticity of the new evidence and that if the jury had known it they likely would not have convicted him. On November 4, 2016 the Ontario Court of Appeal quashed A. B.'s conviction on the basis that newly discovered Facebook messages sent by his ex-wife during the time he alleged assaulted and threatened her was no evidence that she fabricated the allegations. The Court's ruling stated: "... the Crown acknowledges, the proposed fresh evidence could have reasonably affected the verdict of the jury had it been elicited at trial. Indeed, prior to trial, then counsel for the Crown had conceded that authentication of the message warranted termination of the proceedings in their entirety. Conclusion. In the result, we would admit the fresh evidence, set aside the conviction and order a new trial. In accordance with the joint request of counsel in this court, we direct that the order for a new trial be stayed." By Court order A.B. was only identified by his initials."
Conviction Caused By:	Perjury by A.B.'s ex-wife that she was sexually assaulted when it was consensual sex.
Innocence Proved By:	"On November 4, 2016 the Ontario Court of Appeal quashed A. B.'s conviction on the basis that newly discovered Facebook messages sent by his ex-wife during the time he alleged assaulted and threatened her was no evidence that she fabricated the allegations."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"R. v. A.B., 2016 ONCA 830 (Ontario Ct. of Appeals, 11-4-2016) (Quashing conviction without oppostion by the Crown based on new evidence that the complainant fabricated the allegations against her ex-husband.)"
Information Location 1:	http://www.canlii.org/en/on/onca/doc/2016/2016onca830/2016onca830.html
Information Source 2:	"Woman’s Facebook message from 2009 undermines sex-assault conviction against ex-husband, By The Canadian Press, Toronto Sun, November 4, 2016"
Information Location 2:	http://www.torontosun.com/2016/11/04/womans-facebook-message-from-2009-undermines-sex-assault-conviction-against-ex-husband
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A. B. (Canadian defendant)

Charge:

Sexual Assault (includes aggravated)

Sentence:

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2016

U.S. State or Country of Crime:

Canada

County or Region of Crime:

City of Crime:

Barrie

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Perjury by A.B.'s ex-wife that she was sexually assaulted when it was consensual sex.

Innocence Proved By:

"On November 4, 2016 the Ontario Court of Appeal quashed A. B.'s conviction on the basis that newly discovered Facebook messages sent by his ex-wife during the time he alleged assaulted and threatened her was no evidence that she fabricated the allegations."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"R. v. A.B., 2016 ONCA 830 (Ontario Ct. of Appeals, 11-4-2016) (Quashing conviction without oppostion by the Crown based on new evidence that the complainant fabricated the allegations against her ex-husband.)"

Information Location 1:

http://www.canlii.org/en/on/onca/doc/2016/2016onca830/2016onca830.html

Information Source 2:

"Woman’s Facebook message from 2009 undermines sex-assault conviction against ex-husband, By The Canadian Press, Toronto Sun, November 4, 2016"

Information Location 2:

http://www.torontosun.com/2016/11/04/womans-facebook-message-from-2009-undermines-sex-assault-conviction-against-ex-husband

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Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

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