Wrongly Convicted Database Record
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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: |
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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 didnt mean for this to happen. As it never happened. Mum is making me do this. Can you tell Dad Im 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: |
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Compensation Awarded: |
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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: |
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 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org