Wrongly Convicted Database Record
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Charge: |
Criminal Contempt |
Sentence: |
1 year in prison |
Years Imprisoned: |
0.5 |
Year Crime: |
2013 |
Year Convicted: |
2013 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
England |
City of Crime: |
Dundee |
Result: |
Judicially Exonerated |
Summary of Case: |
"Leanne Martin was wrongly convicted of contempt of court in August 2013 for "continued prevarication" during her testimony in the trial of Kenneth Melville Fraser for assault. The judge, known as Sheriff Richard Davidson, stated in summarily finding her guilty during the trial, Virtually from the outset, she was prevaricating, telling the jury that at the relevant time she had had a really bad drug problem. Davidson sentenced Martin to one year in custody. Martin appealed. In February 2014 England's High Court quashed her conviction, ruling that in finding Martin guilty of contempt Davidson failed to follow clear guidance from existing procedural safeguards. "He gave no prior warning of his intention to do so. In particular he did not articulate what she had done or said what he considered might amount to contempt of court. Nor did he give any opportunity to the petitioner or her solicitor to make any representations prior to deciding whether or not to conclude that she had been in contempt." |
Conviction Caused By: |
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Innocence Proved By: |
"In February 2014 England's High Court quashed her conviction, ruling that in finding Martin guilty of contempt Davidson failed to follow clear guidance from existing procedural safeguards." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
29 |
Age When Released: |
29 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Woman's contempt conviction quashed after Dundee sheriff failed to follow 'clear guidance', By Staff writer, The Courier (Dundee, UK), Feburary 10, 2014" |
Information Location 1: |
http://www.thecourier.co.uk/news/local/dundee/woman-s-contempt-conviction-quashed-after-dundee-sheriff-failed-to-follow-clear-guidance-1.227989 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org