Wrongly Convicted Database Record
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Charge: |
Assault - Aggravated (including causing bodily harm) |
Sentence: |
2 years 3 months |
Years Imprisoned: |
0.9 |
Year Crime: |
2018 |
Year Convicted: |
2020 |
Year Cleared: |
2022 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Western Australia |
City of Crime: |
Karratha |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Jacob Rex O'Leary aka Jacob O'Leary was wrongly convicted in 2020 of the aggravated assault of Nathan Hyland in Karratha, Western Australia on December 13, 2018. (Actual charge was "one count of an offence under s 304(2) of the Criminal Code (WA), of, with intent to harm Nathan Hyland, doing an act as a result of which the life, health or safety of Mr. Hyland was, or was likely to be, endangered.") Jacob and his two brothers, Justin O'Leary and Logan O'Leary were chaged based on the prosecution's allegation they engaged in a prolonged physical attack on Hyland, with the attack initiated by Justin, who was joined by Logan and then by Jacob. Jacob and Justin appealed after their conviction by a jury and they were sentenced to 2 years 3 months prison. They began serving their sentences on January 5, 2021. After 11 months in prison, Jacob and Justin were granted bail on December 7, 2021 pending the determination of their appeals. On January 14, 2022 the Western Australia Supreme Court set-aside Jacob's conviction and ordered his acquittal on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt ("the verdict of guilty was unreasonable or cannot be supported having regard to the evidence.") The conviction of Justin O'Leary was set-aside, but he was ordered retried." |
Conviction Caused By: |
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Innocence Proved By: |
"On January 14, 2022 the Western Australia Supreme Court quashed Jacob's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt ("the verdict of guilty was unreasonable or cannot be supported having regard to the evidence.")" |
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Was Perpetrator Identified? |
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Sex: |
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Skin/Ethnicity: |
White |
Information Source 1: |
"O'Leary -v- The State of Western Australia [2022] WASCA 4 (Western Australia Supreme Court, Jan. 14, 2022) (Ordering Jacob O'Leary's acquittal based on insufficient evidence.)" |
Information Location 1: |
https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision?id=36075eeb-b73b-4ff9-b3c1-af943817368c |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org