Wrongly Convicted Database Record
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Charge: |
Child Exploitation Material |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Queensland |
City of Crime: |
Brisbane |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Don Gordon Campbell was wrongly convicted in September 2008 at the Brisbane District Court of possessing child exploitation material based on a fictional five-page story found by his wife and turned over to a psychologist the couple were consulting for counseling. The psychologist turned the document over to the police. Police searched the couple's home and found a copy of the document on one of the couple's five computers. Don Campbell pled not guilty to one charge of possessing a child exploitation material, but he was found guilty and sentenced to a 12-month intensive correction order, which is a jail sentence served in the community. Campbell appealed, and on May 22, 2009 the Queensland Court of Appeal unanimously ordered Campbell's acquittal. The Court of Appeal ruled the Crown had not proved Campbell had "knowing possession'' of the document. Justice Martin Daubney wrote in the judgement, "I consider there was not, as a matter of law, sufficient evidence to sustain the verdict,''" |
Conviction Caused By: |
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Innocence Proved By: |
"On May 22, 2009 the Queensland Court of Appeal unanimously ordered Campbell's acquittal." |
Defendant Aided By: |
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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: |
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Information Source 1: |
R v Campbell [2009] QCA 128 (08-0242) (05-22-2009).pdf |
Information Location 1: |
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Information Source 2: |
"Man wins appeal over fictional sex story, By Amelia Bentley (staff), Brisbane Times, May 22, 2009" |
Information Location 2: |
http://www.brisbanetimes.com.au/queensland/man-wins-appeal-over-fictional-sex-story-20090522-bhzb.html |
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Book About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org