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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
20 years with 16 year minimum |
Years Imprisoned: |
6.71 |
Year Crime: |
2000 |
Year Convicted: |
2007 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Victoria |
City of Crime: |
Tarrington |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Douglas Jensen was wrongly convicted of murdering his father with a shotgun blast in Tarrington, Victoria, Australia on February 2, 2000. Jensen was arrested on May 7, 2004 and held without bail. A mistrial was declared after Jensen's trial had begun on May 8, 2006 when stickers were found posted around the trials location in Warnambool stating Jensen was guilty. Jensen's second trial began in February 2007. The prosecution had no DNA, witnesses, or gunshot residue on Jensen's hands to tie him to the murder. The circumstantial case was based on Jensen's fingerprint found on a yellow envelope discovered in August 2001. After Jensen's conviction by a jury, the judge sentenced him on June 13, 2007 to 20 years in prison with a minimum of 16 years before he was eligible for parole. Jensen appealed, and he was notified in February 2008 that his request for Legal Aid funding for his appeal had been denied. Jensen proceeded with his appeal pro se, and on May 18, 2009 he argued his case before Victoria's Court of Appeals. On November 24, 2009 the appeals court unanimously quashed Jensen's conviction and ordered a retrial. The Court ruled his conviction was a ‘‘very substantial miscarriage of justice’’. They found the prosecution's failure to call his brother, Colin Jensen, as a witness ‘‘deprived him of a chance of acquittal to which he was entitled. If Colin Jensen’s evidence were accepted, it had the potential to increase the possibility of suicide and, if suicide were rejected, to reduce the possibility that the applicant was the culprit.’’ (R v Jensen [2009] VSCA 266 (24 November 2009)) Jensen's third trial stared on February 1, 2011. On February 25, 2011 the jury acquitted Jensen, and he was released after a total of 2,450 days in custody. Jensen filed a claim with the Victoria Attorney General for ex gratia compensation that was denied." |
Conviction Caused By: |
Prosecution failed to present exculpatory testimony of Jensen's brother that supported his father could have committed suicide. |
Innocence Proved By: |
"Jensen's third trial stared on February 1, 2011. On February 25, 2011 the jury acquitted Jensen, and he was released after a total of 2,450 days in custody." |
Defendant Aided By: |
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Compensation Awarded: |
No |
Was Perpetrator Identified? |
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Age When Imprisoned: |
37 |
Age When Released: |
44 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
R v Jensen [2009] VSCA 266 (24 November 2009) |
Information Location 1: |
http://www.austlii.edu.au/au/cases/vic/VSCA/2009/266.html |
Information Source 2: |
"2450 days in prison for a murder he didn't commit, By Susan Chenery (staff), The Sydney Morning Herald, January 13, 2014" |
Information Location 2: |
http://www.smh.com.au/national/2450-days-in-prison-for-a-murder-he-didnt-commit-20140111-30ndj.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org