Wrongly Convicted Database Record
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Charge: |
Murder Accessory after the crime |
Sentence: |
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Years Imprisoned: |
1.33 |
Year Crime: |
2016 |
Year Convicted: |
2017 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
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City of Crime: |
Auckland |
Result: |
Judicially Exonerated |
Summary of Case: |
"Ruarangi Waita McIntyre was wrongly convicted on August 29, 2016 of being an accessory to murder after the fact in Auckland, New Zealand. The prosecution of Ruarangi McIntyre was based on his burning of evidence in an incinerator after his brother-in-law Michael Tristan Ford told him in October 2016 that a man attacked him at a bus stop and in self-defense he had stabbed the man several times. The man, Ronald Clayton Karipa, later died at a hospital. Ford was arrested and charged with Karipa's murder. McIntyre pled guilty to being an accessory to murder after the fact, and during his sentencing hearing on August 29, 2017 he described what he did. Ford went on trial the next month, and presented a defense of self-defense that he acted out of necessity to protect himself. On September 20, 2017 the jury acquitted him of all charges. McIntyre appealed to withdraw his guilty plea on the basis he had pled guilty to a non-existent crime -- since the jury's not guilty verdict established the fact that Karipa had not been murdered. On December 11, 2017 New Zealand's Court of Appeal ordered the withdrawl of McIntyre's guilty plea and ordered his acquittal on the basis he "cannot be an accessory to a murder that did not occur." The appeals court ruled the Crown prosecutor could only succeed on a charge of accessory after the fact by proving the substantive crime was committed. Since Ford was acquitted of murder and found to have acted in self-defense, their was no substantive crime for McIntyre to have pled guilty to committing. "Consequently, notwithstanding the guilt plea, we allow Mr McIntyre's appeal against his conviction on the charge of accessory after the fact to murder."" |
Conviction Caused By: |
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Innocence Proved By: |
"On December 11, 2017 New Zealand's Court of Appeal ordered the withdrawl of McIntyre's guilty plea and ordered his acquittal on the basis he "cannot be an accessory to a murder that did not occur." The appeals court ruled the Crown prosecutor could only succeed on a charge of accessory after the fact by proving the substantive crime was committed. Since Ford was acquitted of murder and found to have acted in self-defense, their was no substantive crime for McIntyre to have pled guilty to committing. "Consequently, notwithstanding the guilt plea, we allow Mr McIntyre's appeal against his conviction on the charge of accessory after the fact to murder."" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
28 |
Age When Released: |
29 |
Sex: |
Male |
Skin/Ethnicity: |
Native |
Information Source 1: |
"Man's accessory to murder conviction quashed after jury finds no murder occurred, By Sam Hurley (court reporter), New Zealand Herald, Dec. 11, 2017" |
Information Location 1: |
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11957330 |
Information Source 2: |
"High Court judge takes 'extraordinary step' in murder case, By Sam Hurley (court reporter), New Zealand Herald, July 12, 2017" |
Information Location 2: |
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11889527 |
Information Source 3: |
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Information Location 3: |
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Information Source 4: |
"Court of Appeal overturns conviction from Glendene stabbing, By Danielle Clent, Western Leader (New Zealand), December 11, 2017" |
Information Location 4: |
https://www.stuff.co.nz/auckland/local-news/western-leader/99732297/court-of-appeal-overturns-conviction-from-glendene-stabbing |
Information Source 5: |
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Information Location 5: |
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Book Information: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org