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Wrongly Convicted Database Record
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Charge: |
Resisting Police and Intentionally Causing Injury |
Sentence: |
"AUS$6,000 fine" |
Years Imprisoned: |
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Year Crime: |
2004 |
Year Convicted: |
2007 |
Year Cleared: |
2008 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Victoria |
City of Crime: |
Brunswick |
Result: |
Judicially Exonerated |
Summary of Case: |
"Giuseppe De Simone was wrongly convicted of resisting arrest and intentionally causing injury in September 2007 in Melbourne County Court, related to him allegedly biting a police officer when he was accused of stealing ice cream from a Brunswick, Victoria, Australia supermarket in 2004. De Simone was fined $6,000. He appealed and on October 31, 2008 the Victoria Court of Appeal quashed his conviction, with one judge saying his prosecution had been an extraordinary waste of public money arising from foolish behaviour. After his conviction was quashed, De Simone told reporters, ""On reflection, if I hadn't been so tired I wouldn't have been so foolish, but in this country it's not a crime to be foolish."" |
Conviction Caused By: |
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Innocence Proved By: |
"On October 31, 2008 the Victoria Court of Appeal quashed his conviction, with one judge saying his prosecution had been an extraordinary waste of public money." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
45 |
Age When Released: |
49 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
R v De Simone [2008] VSCA 216 (31 October 2008) |
Information Location 1: |
http://www.austlii.edu.au/au/cases/vic/VSCA/2008/216.html |
Information Source 2: |
"Man bites cop in ice-cream scuffle, Staff writers, The Age (Melbourne, AUS), 9-5-2007" |
Information Location 2: |
http://www.theage.com.au/news/national/man-bites-cop-in-icecream-scuffle/2007/09/05/1188783278841.html |
Information Source 3: |
"Costly bite saga over for Giuseppe De Simone, By Shelley Hadfield (staff writer), Herald Sun, November 1, 2008" |
Information Location 3: |
http://www.heraldsun.com.au/news/victoria/costly-bite-saga-over-for-de-simone/story-e6frf7kx-1111117914876 |
Information Source 4: |
"Court told ice cream prosecution 'a waste of money', ABC News, Staff writers, October 31, 2008" |
Information Location 4: |
http://www.abc.net.au/news/stories/2008/10/31/2406543.htm?site=news |
Information Source 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org