Wrongly Convicted Database Record
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Charge: |
Assault (Including Battery) |
Sentence: |
120 hours community service |
Years Imprisoned: |
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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: |
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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: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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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 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org