Wrongly Convicted Database Record

 

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M C H

 

Charge:

Incest

Sentence:

2 years suspended after 6 months

Years Imprisoned:

0.5

Year Crime:

Year Convicted:

2008

Year Cleared:

2016

U.S. State or Country of Crime:

Australia

County or Region of Crime:

Queensland

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"M. C. H. was wrongly convicted on July 24, 2008 of three counts of incest involving his 17-year-old niece. His niece was of legal age to consent to sexual relations and marry. H. pled guilty and was given three concurrent sentences of a 2 year prison term suspended after 6 months. On March 15, 2016 the Supreme Court of Queensland -- Court of Appeal quashed H's convictions and ordered his acquittal on the basis that under the Australian Marriage Act of 1961 it was not illegal for an uncle to marry or have sexual relations with a niece of legal age, therefore no crime had been committed."

Conviction Caused By:

Innocence Proved By:

"On March 15, 2016 the Supreme Court of Queensland -- Court of Appeal quashed H's convictions and ordered his acquittal on the basis that under the Australian Marriage Act of 1961 it was not illegal for an uncle to marry or have sexual relations with a niece of legal age, therefore no crime had been committed."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"R v MCH [2016] QCA 61 (15 March 2016) (Quashing conviction and ordering acquittal on basis H.'s alleged conduct was no illegal, therefore no crime had been committed.)"

Information Location 1:

http://www.austlii.edu.au/au/cases/qld/QCA/2016/61.html

Information Source 2:

"Qld man's incest conviction quashed, By AAP, 9news.com.au (Sydney, AUS), March 22, 2016"

Information Location 2:

http://www.9news.com.au/national/2016/03/22/15/50/qld-man-s-incest-conviction-quashed

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