Wrongly Convicted Database Record
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Charge: |
Driving Related Causing Death |
Sentence: |
18 months imprisonment |
Years Imprisoned: |
0.5 |
Year Crime: |
2009 |
Year Convicted: |
2011 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Western Australia |
City of Crime: |
Claremont |
Result: |
Judicially Exonerated |
Summary of Case: |
"Matthew James Lodge was wrongly convicted on October 4, 2012 of dangerous driving causing death on June 26, 2009 in Claremont, Western Australia. Lodge was sentenced to 18 months in prison and his driver's license was suspended for three years. He was ordered immediately incarcerated. His conviction quashed and he was acquitted on April 23, 2012 by the Court of Appeals of Western Australia. The appeals court unanimously ruled that no evidence was presented at Lodge's trial that he had been aware of the victim's presence prior to the impact, that he had not been alert, or that his manner of driving was affected by alcohol. In January 2011 Lodge had been acquitted after a two day trial, but that ruling was overturned on appeal. He was convicted after his retrial in October 2012, and it was of that conviction of which he was acquitted by the appeals court." |
Conviction Caused By: |
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Innocence Proved By: |
"Conviction quashed and acquitted on April 23, 2012 by the Court of Appeals of Western Australia" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
25 |
Age When Released: |
26 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Lodge v. Magorian [2012] WASCA 90 |
Information Location 1: |
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/PDFJudgments-WebVw/2012WASCA0090/$FILE/2012WASCA0090.pdf |
Information Source 2: |
"Drink-driver's conviction quashed, By Christiana Jones (staff), The West Australian, April 23, 2012" |
Information Location 2: |
http://au.news.yahoo.com/thewest/a/-/breaking/13502591/drink-drivers-conviction-quashed/ |
Information Source 3: |
"Matthew James Lodge jailed for drunken death after retrial, By Katie Robertson (staff), Perth Now, October 5, 2011" |
Information Location 3: |
http://www.perthnow.com.au/news/western-australia/matthew-james-lodge-jailed-for-drunken-death-after-retrial/story-e6frg14l-1226159421892 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org