Wrongly Convicted Database Record
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Charge: |
Fishing violation |
Sentence: |
"AUS$9,132 fine" |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
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Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
South Australia |
City of Crime: |
Carpenters Rocks |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jonathon Mark Feast was a professional fisherman wrongly convicted of taking one lobster carrying external eggs and removing its eggs on October 14, 2012 near Nene Valley, in the waters of the State of South Australia. The lobster, recovered from Feast's boat the Coral Raider, was carrying a microchip imbedded in it by the Fisheries Dept. The same day that Feast allegedly took the lobster he returned to the water more than 150 lobsters he caught that were carrying eggs. The lobster was valued at AUS$26.50. After his conviction following a bench trial, Feast was fined AUS 9,132. Feast appealed on the basis the prosecution failed to introduce sufficient evidence that he had removed the eggs, and the lobster may have shed its eggs between the time that it was micro-chipped and the time it was taken from the pot on the Coral Raider. On September 25, 2015 the Supreme Court of South Australia quashed Feast's conviction on the grounds the prosecution introduced insufficient evidence that he had removed the lobster's eggs, as required by the statute. The ruling was precedent setting in clarifying that under Fisheries Management Act, 2007 the prosecution is required to introduce evidence an accused person specifically committed the offense. A retrial wasn't ordered." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 25, 2015 the Supreme Court of South Australia quashed Feast's conviction on the grounds the prosecution introduced insufficient evidence that he had removed the lobster's eggs, as required by the statute. The ruling was precedent setting in clarifying that under Fisheries Management Act, 2007 the prosecution is required to introduce evidence an accused person specifically committed the offense." |
Defendant Aided By: |
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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 |
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Information Source 1: |
Dietman v. Feast [2015] SASC 148 (25 September 2015) (Reversing conviction) |
Information Location 1: |
http://www.austlii.edu.au/au/cases/sa/SASC/2015/148.html |
Information Source 2: |
"Rock Lobster With A Sing In The Tail,By Nigel Hunt (Staff), The Advertiser, October 7, 2015" |
Information Location 2: |
http://www.pressreader.com/australia/the-advertiser/20151007/281805692752670/TextView |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org