Wrongly Convicted Database Record

 

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A. J.

 

Charge:

Child/Minor Sex Abuse (incl. molestation)

Sentence:

20 months

Years Imprisoned:

1.58

Year Crime:

2005

Year Convicted:

2009

Year Cleared:

2010

U.S. State or Country of Crime:

Australia

County or Region of Crime:

Victoria

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"A. J. was wronly convicted on October 16, 2009 in the County Court of Victoria, Australia of one count of committing an indecent act with or in the presence of a child under the age of 16. The alleged victim was his daughter and the act allegedly occured in November or December 2005. There was no physical evidence a crime had been committed. After A.J. was convicted by a majority jury verdict he was sentenced to 20 months imprisonment with credit for 202 days of presentence detention. The judge didn't establish a parole period. A key ground of A.J.'s appeal was the trial judge prejudicially erred by barring introduction of the exculpatory evidence of a text message A.J.'s daughter had sent to A.J.'s de facto wife on January 15, 2009 that stated: "Can you tell Dad that I didn’t mean for this to happen. As it never happened. Mum is making me do this. Can you tell Dad I’m so sorry." A.J. also argued the judge's ruling barred him from cross-examining his daughter about the exculpatory email. On Decmber 7, 2010 Victoia's Court of Appeal quashed A.J.'s conviction based on the trial judges improper exclusion of the exculpatory email evidence and cross-examination of A.J.'s daughter about it. A.J. was subsequently released after 19 months of incarceration. On July 27, 2011 the Court of Appeal issued a superceding opinion."

Conviction Caused By:

Perjurious testimony by A.J.'s daughter at the behest of her mother.

Innocence Proved By:

"On Decmber 7, 2010 Victoia's Court of Appeal quashed A.J.'s conviction based on the trial judges improper exclusion of the exculpatory email evidence and cross-examination of A.J.'s daughter about it. "

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

A J v The Queen [2011] VSCA 215 (27 July 2011)

Information Location 1:

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/215.html

Information Source 2:

A J v The Queen [2010] VSCA 331 (7 December 2010)

Information Location 2:

http://www.austlii.edu.au/au/cases/vic/VSCA/2010/331.html

Information Source 3:

"I was innocent but went to jail, By Liam Houlihan (Staff), Sunday Herald Sun (Melbourne, Victoria, Australia), January 2, 2011"

Information Location 3:

http://www.heraldsun.com.au/news/victoria/i-was-innocent-but-went-to-jail/story-e6frf7kx-1225980137461

Information Source 4:

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

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