Wrongly Convicted Database Record

 

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David Ballingham

 

Charge:

Assault (Including Battery)

Sentence:

120 hours community service

Years Imprisoned:

Year Crime:

2005

Year Convicted:

2005

Year Cleared:

2008

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Scotland

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Wrongly convicted on May 19, 2005 of assaulting two women in separate incidents based on their eyewitness testimony. 55-year-old David Ballingham was sentenced to 120 hours of community service. After his conviction was upheld on appeal, Scotland's CCRC accepted his case. Their investigator found an eyewitness who saw a man in his 20s running away from the scene of one of the attacks. Based on the new evidence the CCRC submitted his case on August 14, 2007 to Scotland's Court of Appeal. On July 1, 2008 the Court of Appeal quashed both convictions. After learning of the Court's action, Ballingham said, "I'm over the moon that my conviction has been quashed.""

Conviction Caused By:

Erroneous eyewitness identifications by the two victims.

Innocence Proved By:

"On July 1, 2008 the Court of Appeal quashed both convictions."

Defendant Aided By:

Scottish Criminal Cases Review Commission

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Female assault conviction quashed, BBC News, September 16, 2008"

Information Location 1:

http://news.bbc.co.uk/2/hi/uk_news/scotland/tayside_and_central/7619299.stm

Information Source 2:

"Assault rap care worker cleared, By Ben Spencer, The Daily Record (Glasgow, Scotland), September 17, 2008"

Information Location 2:

http://www.dailyrecord.co.uk/news/news-feed/2008/09/17/assault-rap-care-worker-cleared-86908-20739927/

Information Source 3:

"David Ballingham, Scottish Criminal Cases Review Commission referred cases database (last viewed Feb. 7, 2014)"

Information Location 3:

http://www.sccrc.org.uk/conviction.aspx?start=29

Information Source 4:

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Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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