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Wrongly Convicted Database Record
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Charge: |
Manslaughter |
Sentence: |
Exonerated After Conviction But Prior to Sentencing |
Years Imprisoned: |
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Year Crime: |
2008 |
Year Convicted: |
2018 |
Year Cleared: |
2019 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Quebec |
City of Crime: |
Montreal |
Result: |
Judicially Exonerated |
Summary of Case: |
"Mitra Javanmardi was wrongly convicted by the Quebec Court of Appeals of manslaughter. Javanmardi's prosecution was based the following: "On June 12, 2008, M and his wife visited the accused’s naturopathic clinic. M was 84 years old, had heart disease and was frustrated with the treatment he had received at conventional medical clinics. After an hour?long consultation, the accused recommended intravenously administered nutrients. M reacted negatively to the injection and he died of endotoxic shock some hours later. The accused was charged with criminal negligence causing death and unlawful act manslaughter.[After a 39-day trial in 2015] The trial judge acquitted the accused of both charges but [on May 31, 2018] the Court of Appeal set aside both acquittals, substituted a conviction on the charge of unlawful act manslaughter, and ordered a new trial on the criminal negligence charge." On November 14, 2019 the Supreme Court of Canada ruled in a 5-2 majority judgment that the prosecution had failed to prove beyond a reasonable doubt all the elements of the offences of criminal negligence causing death and unlawful act manslaughter, because she lacked the necessary "actus reus" because "a reasonable person in these circumstances would not have foreseen a risk of harm." The Supreme Court reinstated the acquittals of Javanmardi. [Quotes from: R. v. Javanmardi, 2019 SCC 54 (Canada Supreme Court, 11-14-2019)]" |
Conviction Caused By: |
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Innocence Proved By: |
"On November 14, 2019 the Supreme Court of Canada ruled in a 5-2 majority judgment that the prosecution had failed to prove beyond a reasonable doubt all the elements of the offences of criminal negligence causing death and unlawful act manslaughter, because "a reasonable person in these circumstances would not have foreseen a risk of harm." The Supreme Court reinstated the acquittals of Javanmardi." |
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: |
Female |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"R. v. Javanmardi, 2019 SCC 54 (Canada Supreme Court, 11-14-2019) (Reinstating acquittals)" |
Information Location 1: |
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18015/index.do |
Information Source 2: |
"SCC splits 5-2 to acquit Quebec naturopath of unlawful act manslaughter, criminal negligence causing death, By Cristin Schmitz (Staff), The Lawyer's Daily, November 14, 2019" |
Information Location 2: |
https://www.thelawyersdaily.ca/criminal/articles/16704/scc-splits-5-2-to-acquit-quebec-naturopath-of-unlawful-act-manslaughter-criminal-negligence-causing-death?nl_pk=ccee80c0-2f25-486c-a078-ae1b014a8c6b&utm_source=newsletter&utm_medium=email&utm_campaign=criminal |
Information Source 3: |
"Montreal naturopath found guilty in patient's death, will face second trial, By James Foster (CJAD 800 am), IHeartRadio.com, June 1, 2018" |
Information Location 3: |
https://www.iheartradio.ca/cjad/news/montreal-naturopath-found-guilty-in-patient-s-death-will-face-second-trial-1.3857049 |
Information Source 4: |
"R. v. Javanmardi, 2018 QCCA 856 (CanLII) (Quebec Court of Appeals, May 31, 2018) (Overturning Javanmardi's acquittals.)" |
Information Location 4: |
https://www.canlii.org/fr/qc/qcca/doc/2018/2018qcca856/2018qcca856.html?searchUrlHash=AAAAAQAQTWl0cmEgSmF2YW5tYXJkaQAAAAAB&resultIndex=2 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org