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Wrongly Convicted Database Record
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Charge: |
"Fraud (passing bad checks, documents, casino, bankrupcy, etc.)" |
Sentence: |
2 yrs 3 months minimum and 4 years 6 months maximum |
Years Imprisoned: |
0.5 |
Year Crime: |
2010 |
Year Convicted: |
2015 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
New South Wales |
City of Crime: |
Goulburn |
Result: |
Judicially Exonerated |
Summary of Case: |
"Luke Brett Moore was wrongly on February 16, 2015 of one count of dishonestly obtaining a financial advantage by deception, and one count of dealing with the proceeds of crime. Moore's prosecution was based on an account he opened at the St. George Bank in Goulburn, New South Wales, Australia on March 11, 2010 that allowed him to borrow money in excess of his account balance. The bank charged 20% interest for the borrowed funds. Moore borrowed a total of AUS$2.189 million up to the time his account was closed by the bank on August 10, 2012. Moore had not paid any of the money back, although the bank had made no demand for payment. The bank contacted the police and Moore was criminally charged. Moore’s defense was that he hadn’t done anything that wasn’t allowed by the terms of his bank account, and the bank did nothing to prevent his withdrawals until it closed his account. On February 16, 2015 a jury convicted Moore. He was allowed to remain free on bond pending his sentencing. On April 17, 2015 Moore was sentenced to a maximum of 4-1/2 years and a minimum of two years and three in prison for his deception conviction, and 3 years in prison for his dealing with proceeds of crime conviction. The sentences were to be served concurrently. Moore was immediately taken into custody. Moore appealed. He was released on bond in September 2015 after serving almost six months of his sentence. On December 1, 2016 the New South Wales Court of Appeals unanimously quashed Moore’s convictions and ordered his acquittal on the basis his convictions were a mistake: the prosecution failed to prove he did anything to deceive the bank, or that he received any funds that where the proceeds of a crime." |
Conviction Caused By: |
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Innocence Proved By: |
"On December 1, 2016 the New South Wales quashed Luke Moore's conviction." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
27 |
Age When Released: |
27 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Moore v R [2016] NSWCCA 260 (1 December 2016) (Quashing conviction based on Luke Moore didn't deceive the bank to obtain the funds he spent.) |
Information Location 1: |
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2016/260.html |
Information Source 2: |
"Man cleared of fraud wants to be a criminal lawyer, By Sol Dolor, Australasian Lawyer, December 12, 2016" |
Information Location 2: |
http://www.australasianlawyer.com.au/news/man-cleared-of-fraud-wants-to-be-a-criminal-lawyer-228493.aspx |
Information Source 3: |
"$2 million Goulburn fraudster Luke Brett Moore found guilty, By Goulburn Post, Sydney Morning Herald, February 25, 2015" |
Information Location 3: |
http://www.smh.com.au/nsw/2-million-goulburn-fraudster-luke-brett-moore-found-guilty-20150225-13on1n.html |
Information Source 4: |
"Luke Brett Moore Acquitted Of Fraud For Withdrawing $2.18 Million Through His Bank Account, By Hans Sherrer, Justice Denied magazine, December 17, 2016" |
Information Location 4: |
http://justicedenied.org/wordpress/archives/3425 |
Information Source 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org