Wrongly Convicted Database Record
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Charge: |
Assault (Including Battery) |
Sentence: |
Probation |
Years Imprisoned: |
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Year Crime: |
2010 |
Year Convicted: |
2011 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Queensland |
City of Crime: |
Rockhampton |
Result: |
Judicially Exonerated |
Summary of Case: |
"Elsa Raiskio was wrongly convicted in February 2011 of assaulting a mentally impaired patient on February 15, 2010 at the residential care facility where she worked in Rockhampton, Queensland, Australia. Raiskio's unsuccessful defense was that she did her job by protecting a violent patient by pulling him away from a glass pane so he couldn't break it and injure himself. She was sentenced to probation. She appealed on the basis that she had protected the patient and hadn't committed a crime under Section 25 of Queensland's Criminal Act. Her conviction was overturned on November 7, 2011. The appeals court ruled that penal code "Section 25 provides a complete defence to the appellant. It exculpates the appellant from criminal penalty for what she did on this occasion." The Court also awarded her the costs of her defense -- $5,363 -- to be paid by the Crown." |
Conviction Caused By: |
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Innocence Proved By: |
"The appeals court overturned her conviction on November 7, 2011." |
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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: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Assault conviction overturned, By Kerri-Anne Mesner, The Morning Bulletin (Rockhampton), November 8, 2011" |
Information Location 1: |
http://www.themorningbulletin.com.au/story/2011/11/08/assault-conviction-overturned/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org