Wrongly Convicted Database Record

 

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Malawi Orphan

 

Charge:

Immigration Violation

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

Year Crime:

2015

Year Convicted:

2015

Year Cleared:

2015

U.S. State or Country of Crime:

South Africa

County or Region of Crime:

City of Crime:

Durban

Result:

Judicially Exonerated

Summary of Case:

"Malawi Orphan was a 17-year-old Malawi male was arrested in August 2015 in Durban, South Africa of being in the country illegally without a valid permit, and he also did not have a passport. His arrest record listed that he was 18. The youth represented himself and pled guilty. After he was sent to a detention center it was discovered that he was 17, and thus legally a juvenile, and that he was an orphan because both of his parents were deceased. The magistrate judge referred the juvenile's case to the Durban High Court in light of the new evidence. On September 16, 2015 the Durban High Court overturned his conviction on the basis he was a juvenile at the time of his arrest and therefore his "conviction could not stand in terms of the Child Justice Act." The appeals court referred the youth's case back to the Magistrate Court to determine his personal circumstances and establish if he was in need of care."

Conviction Caused By:

Innocence Proved By:

"On September 16, 2015 the Durban High Court overturned his conviction on the basis he was a juvenile at the time of his arrest and therefore couldn't be charged under the Immigration Act."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

17

Age When Released:

17

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"SA judge hands lifeline to Malawi teen, By Tania Broughton (Staff), IOL News, September 16, 2015"

Information Location 1:

http://www.iol.co.za/news/crime-courts/sa-judge-hands-lifeline-to-malawi-teen-1.1917160#.VfuEofsS29U

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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