Wrongly Convicted Database Record
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Charge: |
Threatening Behavior (Including threatening bodily harm) |
Sentence: |
£500 |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
Northern Ireland |
City of Crime: |
Ballycastle |
Result: |
Judicially Exonerated |
Summary of Case: |
"Padraig McShane was wrongly convicted in 2013 of threatening to assault a man during a meeting of the Moyle District Council in Ballycastle, Northern Ireland in 2012. McShane was fined £500. McShane's conviction was affirmed by the Antrim County Court, although his £500 fine was reduced to £100. McShane appealed. On September 9, 2016 the Northern Ireland Court of Appeal quashed McShane's conviction on the basis the prosecution failed to disclose favorable evidence to McShane prior to his trial and his appeal. The appeals court ruled without holding a hearing after the court was informed by the Crown Prosecution Service that it was dropping its opposition to McShane's appeal and would not pursue his retrial if his conviction was affirmed. " |
Conviction Caused By: |
Prosecutor misconduct of failing to disclose favorable evidence. |
Innocence Proved By: |
"On September 9, 2016 the Northern Ireland Court of Appeal quashed McShane's conviction on the basis the prosecution failed to disclose favorable evidence to McShane prior to his trial and his appeal. The appeals court ruled without holding a hearing after the court was informed by the Crown Prosecution Service that it was dropping its opposition to McShane's appeal and would not pursue his retrial if his conviction was affirmed." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Padraig McShane has disorderly behaviour conviction quashed following High Court challenge, By Editors, Belfast Telegraph, September 9, 2016" |
Information Location 1: |
http://www.belfasttelegraph.co.uk/news/northern-ireland/padraig-mcshane-has-disorderly-behaviour-conviction-quashed-following-high-court-challenge-35036066.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org