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Wrongly Convicted Database Record
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Charge: |
Indecent assault against child |
Sentence: |
7 years 9 months with 5 years 9 month minimum |
Years Imprisoned: |
1 |
Year Crime: |
2012 |
Year Convicted: |
2018 |
Year Cleared: |
2019 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Victoria |
City of Crime: |
Geelong |
Result: |
Judicially Exonerated |
Summary of Case: |
"Bradley Dickins was wrongly convicted in 2018 of one count of committing an indecent act in the presence of a child under 16 years (charge 1) and one count of sexual penetration of a child under 16 years in Geelong, Victoria, Australia on July 31, 2012. Dickens prosecution was solely based on the testimony of the alleged victim, only publicly identified as JG, who was 10 in 2012. More than 3 years later, on September 21, 2015 JG's uncle told him that he had been subjected to sexual misconduct, and JG said Dickens had done that with him. JG later gave a recorded statement to the police. A medical examination found no evidence of sexual activity. Dickens was charged and arrested. During Dickens' trial their case was based on JG's recorded statement and his trial testimony. The judge told the jury JG "has an intellectual disability and learning difficulties, and that he attended a special school for part of his schooling." During JG's cross-examination Dickens' lawyer brought ought numerous contradictions and inconsistencies in his testimony. Dickens testified that he was JG's "dad's mate", that he visited their house beginning in 2010 until the accusation were made in 2015, and denied that anything improper occurred between him and JG. After his conviction Dickens was sentenced to 7 years 9 months in prison, with a minimum of 5 years 9 months to be served. Dickens appealed. On December 5, 2019 the Supreme Court of Victoria - Court of Appeal quashed Dickens' convictions and ordered his acquittal of both charges based on insufficient prosecution evidence of his guilt. The Court's ruling stated: "Thus while there was some limited support for a part of JG’s evidence in respect of charge 1, on analysis, that support was deficient and wholly insufficient to preclude the conclusion that we have reached, namely that a reasonable jury could not have been satisfied, beyond reasonable doubt, of the guilt of the applicant, not only on charge 2, but also on charge 1. It follows that the application for leave to appeal against conviction must be granted, and the appeal must be allowed. The convictions of the applicant on both charges must be set aside, and in lieu verdicts of not guilty be entered on the record." [Dickins v The Queen [2019] VSCA 284 (5 December 2019)]" |
Conviction Caused By: |
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Innocence Proved By: |
"On December 5, 2019 the Supreme Court of Victoria - Court of Appeal quashed Dickens' convictions and ordered his acquittal of both charges based on insufficient prosecution evidence of his guilt." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
48 |
Age When Released: |
49 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Dickins v The Queen [2019] VSCA 284 (5 December 2019) |
Information Location 1: |
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA//2019/284.html |
Information Source 2: |
"Sex verdict flipped, By Natalee Kerr, Geelong Independent, December 6, 2019" |
Information Location 2: |
https://geelongindy.com.au/news/06-12-2019/sex-verdict-flipped/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org