Barry Allan Rose

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Charge:	Incest
Sentence:	4-1/2 years
Years Imprisoned:	0.33
Year Crime:	2006
Year Convicted:	2008
Year Cleared:	2009
U.S. State or Country of Crime:	Australia
County or Region of Crime:	Queensland
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Barry Allan Rose was wrongly convicted on October 16, 2008 of six counts of incest with the daughter of Rose's long-time girlfriend. The girl was considered an adult of legal age to consent to sexual relations and marry when all six alleged incidents occurred: three in 2006 when she was 17-years-old and three in 2007 when she was 18. After his conviction following a jury trial, Rose was sentenced to 4-1-2 years in prison. Rose appealed is sentence as "manifestly escessive." During the hearing on February 9, 2009 in Queensland's Court of Appeal on that application, the Court expressed concern about the guilty verdicts because of the terms of s 222(8) Criminal Code 1899 (Qld), and the question of whether it applied to his alleged conduct. Rose's case was adjourned to allow him the opportunity to apply for an extension of time to appeal against his convictions. On Febuary 19, 2009 the appeals court heard Rose's application and granted him an extension of time to file an appeal, allowed his appeal, quashed his convictions on the basis he wasn't 'lawfully married' to the girl's mother so he didn't commit incest, and reserved its decision as to whether a re-trial should be ordered on any count. Rose was released on bond after 4 months in custody. On April 9, 2009 the appeals court issued its written ruliing that: "No retrial should be ordered on any count. Instead, a verdict of acquittal on each count should be entered.""
Conviction Caused By:
Innocence Proved By:	"On Febuary 19, 2009 the appeals court heard Rose's application and granted him an extension of time to file an appeal, allowed his appeal, quashed his convictions on the basis he wasn't 'lawfully married' to the girl's mother so he didn't commit incest, and reserved its decision as to whether a re-trial should be ordered on any count. Rose was released on bond after 4 months in custody. On April 9, 2009 the appeals court issued its written ruliing that: "No retrial should be ordered on any count. Instead, a verdict of acquittal on each count should be entered.""
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Was Perpetrator Identified?
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Sex:	Male
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Information Source 1:	R v. Rose [2009] QCA 83 (9 April 2009)
Information Location 1:	http://www.austlii.edu.au/au/cases/qld/QCA/2009/83.html
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Barry Allan Rose

Charge:

Incest

Sentence:

4-1/2 years

Years Imprisoned:

0.33

Year Crime:

2006

Year Convicted:

2008

Year Cleared:

2009

U.S. State or Country of Crime:

Australia

County or Region of Crime:

Queensland

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

R v. Rose [2009] QCA 83 (9 April 2009)

Information Location 1:

http://www.austlii.edu.au/au/cases/qld/QCA/2009/83.html

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Book About Case:

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