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Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
10 months home detention and 200 hours of community service |
Years Imprisoned: |
0.67 |
Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
Otago |
City of Crime: |
Dunedin |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Druvi Patrick Rodrigo was wrongly convicted in April 2013 of a class B drug conviction for selling Ritalin to his fellow students at Otago University in Denedin, New Zealand between February 1, 2012 and September 28, 2012. The prosecution alleged that Ritalin was "sought illicitly for its 'speed-like' effects". It could also help keep students awake to study all night. Rodrigo pled guilty on January 30, 2013. On April 26, 2013 he was sentenced to 10 months home detention and 200 hours of community service. After Rodrigo had completed his community service and 8 months of his home detention, he learned that the charges were dismissed against a fellow student investigated at the same time as Rodrigo for selling Ritalin to students. The student who had the charges dismissed was accused of much more serious involvement in selling Ritalin than was Rodrigo. Rodrigo had attention-deficit hyperactivity disorder (ADHD), which his lawyer didn't consider at the time Rodrigo pled guilty. Rodrigo obtained new counsel who advised him that an accused person can seek a discharge without conviction if the consequences of a conviction are out of all proportion to the gravity of the offence. Such a discharge is deemed to be an acquittal. Rodrigo then appealed his guilty plea and conviction. In March 2014 New Zealand's Court of Appeal quashed Rodrigo's guilty plea and conviction on the grounds his counsel gave him prejudicially inaccurate information by advising him that he couldn't dispose of the charges without pleading guilty. The Court also noted that that Rodrigo wasn't accused of, and didn't plead guilty to running a commercial drug enterprise." |
Conviction Caused By: |
Druvi Rodrio was provided with prejudicially inaccurate legal advice by his lawyer. |
Innocence Proved By: |
In March 2014 New Zealand's Court of Appeal quashed Rodrigo's guilty plea and conviction on the grounds his counsel gave him prejudicially inaccurate information by advising him that he couldn't dispose of the charges without pleading guilty. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
23 |
Age When Released: |
24 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Ritalin conviction quashed, Fairfax NZ News, March 13, 2014" |
Information Location 1: |
http://www.stuff.co.nz/national/crime/9825272/Ritalin-conviction-quashed |
Information Source 2: |
"Sold Ritalin to help students with study, Otago Daily Times (Dunedin, NZL), January 31, 2013" |
Information Location 2: |
http://cached.newslookup.com/cached.php?ref_id=137&siteid=2124&id=1341350&t=1359563400 |
Information Source 3: |
"Student wants Ritalin conviction overturned, Fairfax NZ News, February 12, 2014" |
Information Location 3: |
http://www.stuff.co.nz/national/crime/9710365/Student-wants-Ritalin-conviction-overturned |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org