Blake MacDonald

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Charge:	"Land, construction or zoning regulation violation"
Sentence:	"$3,420 fine"
Years Imprisoned:
Year Crime:	2012
Year Convicted:	2013
Year Cleared:	2016
U.S. State or Country of Crime:	Canada
County or Region of Crime:	Prince Edward Island
City of Crime:	Kingston
Result:	Judicially Exonerated
Summary of Case:	"Blake MacDonald was wrongly convicted in 2013 of planting potatoes in 2012 on a slope that was too steep in Kingston, Prince Edward Island, Canada. MacDonald was fined $3,420. MacDonald appealed, and his conviction was upheld by the Summary Conviction Appeal Court. MacDonald appealed that ruling. On February 24, 2016 the Prince Edward Island Court of Appeal quashed MacDonald's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt. The Court's ruling stated: "When the trial judge stated: "There is no evidence before the court to indicate that Alex Docherty did not have the authority to act on behalf of Blake MacDonald, or that Alex Docherty misrepresented Blake MacDonald in any way”, she reversed the onus of proof and thereby committed an error of law. It is the Crown’s burden to prove that Docherty was MacDonald’s agent (R. v. Strand Electric Ltd. (1969), 1968 CanLII 421 (ON CA), 1 O.R. 190 (Ont.C.A.) or that MacDonald somehow adopted the admissions if the Crown intends to use them against MacDonald. There is no evidence that Docherty was acting as MacDonald’s agent, or that MacDonald was aware of the statements made by Docherty." (MacDonald & Docherty v. R., 2016 PECA 2 (PEI Ct of Appeal, 2-24-2016) The Court upheld the conviction of MacDonald's co-defendant, Alex Docherty, because of admissions he made in documents he filed for insurance and a declaration to obtain seed inspection. Docherty was also fined $3,420."
Conviction Caused By:
Innocence Proved By:	"On February 24, 2016 the Prince Edward Island Court of Appeal quashed MacDonald's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
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Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"MacDonald & Docherty v. R., 2016 PECA 2 (Prince Edward Island Ct of Appeal, 2-24-2016) (Reversing MacDonald's conviction based on insufficient evidence.)"
Information Location 1:	http://www.canlii.org/en/pe/pescad/doc/2016/2016peca2/2016peca2.html
Information Source 2:	"Potato farmers granted partial victory in slope violation conviction, By Staff, CBC News, Feb 24, 2016"
Information Location 2:	http://www.cbc.ca/news/canada/prince-edward-island/pei-potato-slope-violation-1.3462427
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Blake MacDonald

Charge:

"Land, construction or zoning regulation violation"

Sentence:

"$3,420 fine"

Years Imprisoned:

Year Crime:

2012

Year Convicted:

2013

Year Cleared:

2016

U.S. State or Country of Crime:

Canada

County or Region of Crime:

Prince Edward Island

City of Crime:

Kingston

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On February 24, 2016 the Prince Edward Island Court of Appeal quashed MacDonald's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"MacDonald & Docherty v. R., 2016 PECA 2 (Prince Edward Island Ct of Appeal, 2-24-2016) (Reversing MacDonald's conviction based on insufficient evidence.)"

Information Location 1:

http://www.canlii.org/en/pe/pescad/doc/2016/2016peca2/2016peca2.html

Information Source 2:

"Potato farmers granted partial victory in slope violation conviction, By Staff, CBC News, Feb 24, 2016"

Information Location 2:

http://www.cbc.ca/news/canada/prince-edward-island/pei-potato-slope-violation-1.3462427

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Book Information:

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