Wrongly Convicted Database Record

 

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Mr. Rye

 

Charge:

Indecent Assault of Minor

Sentence:

"12 months probation & AUS$1,000 fine"

Years Imprisoned:

Year Crime:

1972

Year Convicted:

2000

Year Cleared:

2021

U.S. State or Country of Crime:

Australia

County or Region of Crime:

Western Australia

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Mr. Rye was wrongly convicted on March 3, 2020 of six counts of unlawful and indecent dealing with a child under 14 years, in December 1972 in Western Australia. At the time Rye was 13 years and 3 months old, and his alleged victime was 7 or 8 years old. Because he was a minor at the time of the alleged crimes, Rye was tried before a judge in the Children's Court. After finding Rye guilty of the six historic sex offences, the judge sentenced him to 12 months of community supervision for each count, plus a AUS$1,000 fine, that was to be paid to the complainant. Rye appealed, arguing that because he was under 14 at the time of the alleged crime, the judge had failed to properly find he had the requisite mental knowledge of his crime. On March 11, 2021 the Western Australia Court of Appeals set aside Rye's convictions and ordered his acquittal. The appeals court ruled the trial judge "failed to make any findings in relation to the appellant's capacity at the material time for the purposes of s 29 of the Criminal Code (WA)." The Court ordered that the AUS$1,000 fine be repaid to Rye. "

Conviction Caused By:

Innocence Proved By:

"On March 11, 2021 the Western Australia Court of Appeals set aside Rye's convictions and ordered his acquittal. The appeals court ruled the trial judge "failed to make any findings in relation to the appellant's capacity at the material time for the purposes of s 29 of the Criminal Code (WA)." The Court ordered that the AUS$1,000 fine be repaid to Rye."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Skin/Ethnicity:

White

Information Source 1:

"Rye v. The State of Western Australia [2021] WASCA 43 (Western Australia Court of Appeals, 3-11-2021 (Convictions set-aside and fine ordered repaid, based on failure of trial judge to find Rye had the requisite knowledge that what he was accused of constituted criminal conduct.)"

Information Location 1:

https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision?id=5cc8a3ff-d359-4e4b-8602-db6e118e395f

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

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