Wrongly Convicted Database Record
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Charge: |
Offensive behavior |
Sentence: |
NZL$500 |
Years Imprisoned: |
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Year Crime: |
2007 |
Year Convicted: |
2007 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
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City of Crime: |
Wellington |
Result: |
Judicially Exonerated |
Summary of Case: |
"Valerie Morse was wrongly convicted on November 23, 2007 of offensive behavior in a public place under Section 4(1) of New Zealand's Summary Offences Act 1981. Morse's conviction was based on her burning the New Zealand flag during the Anzac Day service on Victoria University's law school grounds on April 25, 2007. Morse was part of a group of people who were protesting against New Zealand's military involvement in Afghanistan and other foreign conflicts. After Morse's conviction in 2007 in the Wellington district Court she was fined NZL$500. Morse appealed and argued her conviction was criminal punishment for expressing ideas. Her conviction was upheld by the High Court in 2008, and the Court of Appeal in 2010. On May 6, 2011 New Zealand's Supreme Court unanimously set aside Morse's conviction on the basis the lower court's had misinterpreted the meaning of "offensive behaviour" in the Summary Offences Act. The Court ruled that offensive behaviour within the context of the Act must give rise to a "disturbance of public order." The Court also ruled that because Morse's trial was guided by incorrect legal principles there would be no retrial. " |
Conviction Caused By: |
"Morse's trial was guided by the trial judge's incorrect understanding of what constituted "offensive behaviour."" |
Innocence Proved By: |
"On May 6, 2011 New Zealand's Supreme Court unanimously set aside Morse's conviction on the basis the lower court's had misinterpreted the meaning of "offensive behaviour" in the Summary Offences Act." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Valerie Morse v The Queen, [2011] NZSC 45 (No. SC 10/2010)" |
Information Location 1: |
https://www.courtsofnz.govt.nz/cases/valerie-morse-v-the-queen/at_download/fileDecision |
Information Source 2: |
"Flag burning conviction quashed, By New Zealand Press Association, The New Zealand Herald, May 6, 2011" |
Information Location 2: |
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10723795 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org