Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
12 years with 6 months suspended |
Years Imprisoned: |
4 |
Year Crime: |
2005 |
Year Convicted: |
2010 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
Northern Ireland |
City of Crime: |
Wexford |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Stephen Kelly was wrongly convicted in January 2010 of possessing cannabis with an estimated street value of 245,000 (euros) on November 30, 2005. The prosecution's case was based on him being observed getting into a van that had the cannabis in it. Kelly's defense was that he was asked directions and he didn't know what was in the van. After the jury convicted Kelly he was sentenced to 12 years in prison with six months suspended by Wexford Circuit Criminal Court Judge Alice Doyle. Kelly appealed, and on February 10, 2014 the Northern Ireland Court of Appeals quashed his conviction on the basis it was a miscarriage of justice. Justice Adrian Hardiman stated the Court found the jurors were not properly instructed as to what their duty was in evaluating the evidence regarding Kellys defense of lack of knowledge of the van's cargo. The appeals court did not order a retrial and the Director of Public Prosecutions announced it would not seek Stephen Kelly's retrial." |
Conviction Caused By: |
The trial judge failed to properly instruct what their duty was in evaluating the evidence regarding Kellys defense of lack of knowledge of the van's cargo. |
Innocence Proved By: |
"Stephen Kelly's conviction was quashed on February 10, 2014 by the Northern Ireland Court of Appeals on the basis his conviction was a miscarriage of justice." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
40 |
Age When Released: |
44 |
Sex: |
Male |
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Information Source 1: |
"Drugs conviction quashed on appeal, The Irish Times, February 11, 2014" |
Information Location 1: |
http://www.irishtimes.com/news/crime-and-law/drugs-conviction-quashed-on-appeal-1.1686879 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org