Wrongly Convicted Database Record

 

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Nicholas van Hoogstraten

 

Charge:

Manslaughter

Sentence:

10 years

Years Imprisoned:

1

Year Crime:

1999

Year Convicted:

2002

Year Cleared:

2003

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

England

City of Crime:

London

Result:

Judicially Exonerated Released

Summary of Case:

"Nicholas van Hoogstraten was wrongly convicted on July 19, 2002 of manslaughter in the July 2, 1999 shooting death of business associate Mohammed Raja who alleged fraud against Hoogstraten. The jury acquitted Hoogstraten of murder, but convicted him of manslaughter, and he was sentenced to 10 years imprisonment. On July 23, 2003 the U.K.'s Court of Appeal quashed Hoogstraten's conviction on the basis the trial judge had misdirected the jury as to what the prosecution had to prove before they could convict of the offence of manslaughter. The appeals court remanded the case for a retrial, and Hoogstraten was conditinoally released. In November 2003 the trial judge heard arguments related to a motion by Hoogstraten to dismiss his indictment. On December 2, 2003 the judge issued his ruling that the case could not proceed to trial because even accepting as true all the facts alleged by the Crown, the jury would not in law be entitled to conclude that Hoogstraten was guilty of manslaughter. The Crown's prosecutors appealed, and on December 8, 2003 the U.K.'s Criminal Court of Appeal ruled it didn't have jurisdiction to hear the appeal. On December 9, 2003 the indictment was dismissed."

Conviction Caused By:

Innocence Proved By:

"On July 23, 2003 the U.K.'s Criminal Court of Appeal quashed Hoogstraten's conviction and ordered a retrial. Hoogstraten was conditionally released. On December 9, 2003 the indictment was dismissed."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

57

Age When Released:

58

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"R. v. Nicholas Van Hoogstraten [2003] EWCA Crim 3642 (12-12-2003, ruling that the COA has no jurisdiction to entertain an appeal from the trial judge's order dismissing the indictment.)"

Information Location 1:

http://www.bailii.org/ew/cases/EWCA/Crim/2003/3642.html

Information Source 2:

"Hoogstraten freed after legal battle, By Staff writers, BBC News, December 8, 2003"

Information Location 2:

http://news.bbc.co.uk/2/hi/uk_news/3301303.stm

Information Source 3:

"Tycoon's Outburst at Judge, Sandra Laville, Guardian (UK), February 12, 2005"

Information Location 3:

"http://www.guardian.co.uk/uk_news/story/0,3604,1411330,00.html"

Information Source 4:

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

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