Wrongly Convicted Database Record

 

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Robert John Condon

 

Charge:

Threaten to kill a person and pervert course of justice

Sentence:

18 months

Years Imprisoned:

0.75

Year Crime:

2003

Year Convicted:

2003

Year Cleared:

2006

U.S. State or Country of Crime:

New Zealand

County or Region of Crime:

City of Crime:

Timaru

Result:

Judicially Exonerated

Summary of Case:

"Robert John Condon was wrongly convicted on August 22, 2003 in Timaru, New Zealand of threatening to kill a person he was involved in a business dispute with, and perverting the course of justice by trying to influence the testimony of a witness. After Condon's trial began the judge allowed his lawyer to withdraw, but did not adjourn the trial so Condon could obtain a new lawyer. Consequently, Condon was forced to represent himself in the cross-examination of witnesses, presenting his defense, and making his closing argument. After the jury convicted Condon the judge sentenced him to 18 months imprisonment on September 10, 2003. Condon appealed on the basis his conviction and sentence were contrary to law because he hadn't been represented by counsel. On July 21, 2004 New Zealand's Court of Appeals affirmed Condon's sentence and conviction. New Zealand's Supreme Court accepted review of his case. On August 23, 2006 the Supreme Court ruled the trial judge erred by not adjorning his trial to provide Condon with the opportunity to obtain a lawyer, and that he was prejudiced because, "After considering all of these matters, we have not been persuaded that the outcome of the trial would necessarily have been the same if Mr Condon had been legally represented. In our view there was therefore unfairness in the trial and accordingly a substantial miscarriage of justice has occurred. [89] We quash the convictions. In the circumstances, where the sentence has been served, there is no good reason to order a new trial. [90] Robert John Condon v The Queen [2006] NZSC 62"

Conviction Caused By:

Trial judge erred by failing to adjourn Condon's trial so he could obtain legal counsel.

Innocence Proved By:

"On August 23, 2006 New Zealand's Supreme Court ruled the trial judge erred by not adjorning Condon's trial to provide him with the opportunity to obtain a lawyer, and that his conviction was a miscarriage of justice because he was prejudiced."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

Robert John Condon v The Queen - [2006] NZSC 62

Information Location 1:

http://www.courtsofnz.govt.nz/cases/robert-john-condon-v-the-queen/at_download/fileDecision

Information Source 2:

"Timaru man's conviction quashed, TV New Zealand, August 23, 2006"

Information Location 2:

http://tvnz.co.nz/content/819849/423466.html

Information Source 3:

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

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