Wrongly Convicted Database Record

 

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Basil Ranger Lawrence

 

Charge:

"Theft (including swindling/fraud, deception and grand larceny)"

Sentence:

3 years

Years Imprisoned:

0.25

Year Crime:

1931

Year Convicted:

1932

Year Cleared:

1933

U.S. State or Country of Crime:

Nigeria

County or Region of Crime:

City of Crime:

Lagos

Result:

Judicially Exonerated Released

Summary of Case:

"Basil Ranger Lawrence was wrongly convicted on April 9, 1932 in Lagos, Nigeria of four counts of stealing by checks the sums of £25, £35, £10 and £35 in May, June and October 1931, and false accounting of the checks. After his conviction by a mixed jury of natives and Europeans, Lawrence was given a general sentence of 3 years imprisonment which he began immediately serving. After his sentencing it was brought to the judge's attention by the attorney general that Lawrence's sentence hadn't been in accordance with the statute, and in chambers without Lawrence present he his sentence was revised to 2 years imprisonment on the stealing charges and 1 year imprisonment on the false accounting charge to be served concurrently, for a total sentence of 3 years imprisonment. His convictions and sentence were affirmed by the Supreme Court of Nigeria on April 29, 1932. Nigeria was a British colony, and Lawrence filed a peitition for leave to appeal to The Judicial Committee of the Privy Council in London which was the highest judicial court for Nigeria. Lawrence was released on bail on July 30, 1932 when he was granted leave to appeal his sentence and convictions. On July 20, 1933 the Privy Council set-aside Lawrence's convictions on the basis the judge failed to properly instruct the jury that the prosecution had to prove him guilty of all essential elements beyond a reasonable doubt. Given the weakness of the prosecution's case the Council ruled Lawrence's convictions were a miscarriage of justice. The Council also ruled that it was an essential principle of law that Lawrence had the right to be present at his sentencing, and the fact his sentence was revised ex parte in the judge's chambers with only the prosecutor present invalidated it. However, since his conviction was set aside the sentencing error was moot."

Conviction Caused By:

Innocence Proved By:

"On July 20, 1933 The Judicial Committee of the Privy Council set-aside Lawrence's convictions on the basis the judge failed to properly instruct the jury that the prosecution had to prove him guilty of all essential elements beyond a reasonable doubt. Given the weakness of the prosecution's case the Council ruled Lawrence's convictions were a miscarriage of justice."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

Basil Ranger Lawrence v The King (Nigeria) [1933] UKPC 55 (20 July 1933)

Information Location 1:

http://www.bailii.org/uk/cases/UKPC/1933/1933_55.html

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

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