Wrongly Convicted Database Record

 

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Tyrone Chishimba

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

3 years

Years Imprisoned:

1

Year Crime:

2006

Year Convicted:

2009

Year Cleared:

2010

U.S. State or Country of Crime:

Australia

County or Region of Crime:

New South Wales

City of Crime:

Sydney

Result:

Judicially Exonerated Released

Summary of Case:

"Likumbo Makasa, Tyrone Chishimba and Mumbi Peter Mulenga were co-defendants. The three men, all Zambian nationals, were wrongly convicted in 2009 of aggravated sexual assault for having sex at a party with a 15-year-old girl in Sydney, Australia. The jury rejected the men's defense that the girl, who had been drinking, consented. The three men were sentenced to three years in prison. On appeal the NSW Court of Criminal Appeal quashed their convictions on October 8, 2010 on the basis there was insufficient evidence that the girl did not consent, thus barring their retrial. The men were released after serving about a year of their sentences."

Conviction Caused By:

Unreliable eyewitness identification by the victim.

Innocence Proved By:

"The NSW Court of Criminal Appeal quashed their convictions in October 2010 on the basis that there was insufficient evidence that the girl did not consent, thus barring their retrial."

Defendant Aided By:

R. J. Button SC (Appellate counsel)

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

24

Age When Released:

25

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"R v Tyrone Chishimba, Tyrone Chishimba v R; Likumbo Makasa v R, R v Likumbo Makasa; Mumbi Peter Mulenga v R, R v Mumbi Peter Mulenga [2010] NSWCCA 228 (8 October 2010)"

Information Location 1:

http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2010/228.html

Information Source 2:

"Appeals court quashes rape convictions, Sydney Morning Herald, October 8, 2010"

Information Location 2:

Information Source 3:

"Court throws out gang rape convictions, ABC Newcastle NSW, October 8, 2010"

Information Location 3:

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

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