Wrongly Convicted Database Record

 

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Robert McBride

 

Charge:

Child/Minor Sexual Assault

Sentence:

Years Imprisoned:

Year Crime:

2015

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Scotland

City of Crime:

Dalmellington

Result:

Judicially Exonerated

Summary of Case:

"Robert McBride was wrongly convicted on September 28, 2015 of sexually assaulting a 16-year-old girl on May 23, 2015 in Dalmellington, Scotland. Dalmellington is 50 miles south west of Glasgow. McBride's prosecution was based on his accuser's testimony that he touched her private parts and that afterwards he apologized to her. McBride testified in his defense that the only physical contact he had with his accuser was putting his arm around her neck and shoulder, and that he didn't apologize to her, but only expressed sympathy to her about her grandmother who was ill. After his conviction following a bench (judge only) trial, McBride appealed. He argued that to establish the actus reus the law required that, "There had to be corroborated evidence of an assault which was sexual in nature.” On June 21, 2016 a three-judge panel of the Sheriff Appeal Court unanimously quashed McBride's conviction, ruling that "the evidence in this case was insufficient to support a conviction. There was no corroboration of the complainer's account to the effect that she had been sexually assaulted.""

Conviction Caused By:

Innocence Proved By:

"On June 21, 2016 a three-judge panel of the Sheriff Appeal Court quashed McBride's conviction, ruling that "the evidence in this case was insufficient to support a conviction. There was no corroboration of the complainer's account to the effect that she had been sexually assaulted.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

74

Age When Released:

75

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Robert McBride v. Procurator Fiscal, Ayr, [2016] SAC (Crim) 20, SAC/2016/000021/AP (Sheriff Appeal Court, June 21, 2016) ("

Information Location 1:

http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-%28criminal%29/mcbride-robert.pdf?sfvrsn=2

Information Source 2:

"Man wins appeal against sexual assault conviction due to lack of corroboration of actus reus, By Staff, Stottish Legal News, June 30, 2016"

Information Location 2:

http://www.scottishlegal.com/2016/06/30/man-wins-appeal-against-sexual-assault-conviction-due-to-lack-of-corroboration-of-actus-reus/

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

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