Wrongly Convicted Database Record

 

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Nerece Samuels

 

Charge:

Assault (Including Battery)

Sentence:

6 months

Years Imprisoned:

0.17

Year Crime:

2015

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

Jamaica

County or Region of Crime:

City of Crime:

Kingston

Result:

Judicially Exonerated

Summary of Case:

"Nerece Samuels was wrongly convicted on October 28, 2015 of assault in Jamaica in the Kingston and St Andrew Parish Court. Samuels prosecution was based on the allegation she threw a bottle during a domestic dispute, although no one was injured. During a pre-trial hearing on October 28, 2015 Samuels told the judge she was not guilty and would not plead guilty. The judge angrily stated that she "must be guilty", and summarily found her guilty and sentenced her to six months imprisonment without benefit of a Social Enquiry Report or considering she had no previous conviction. She was immediately taken into custody. On November 3, 2015 Samuels filed a notice of appeal. Her appeal noted that she had been convicted without a trial, sentenced the same day, and immediately taken into custody, after the judge became angry because she “kept on insisting that [she] was not guilty and would not plead [sic] guilty." In December 2015 Samuels was released on bail pending the outcome of her appeal, after she had served about two months of her sentence, The Director of Public Prosecutions did not oppose Samuels appeal, describing her case as "disturbing" and a miscarriage of justice. The DPP also said that she shouldn't have been criminally charged, but the incident should have been referred to the domestic dispute resolution process. On April 5, 2017 the Jamaica Court of Appeal quashed Samuels conviction and ordered a judgment of acquittal. The appeals court's ruling noted that he DPP did not consider her case suitable for criminal prosecution, and that the two months she had served were more than the sentence she would have ordinarily received for her conviction considering she had no criminal record."

Conviction Caused By:

Innocence Proved By:

"On April 5, 2017 the Jamaica Court of Appeal quashed Samuels conviction and ordered a judgment of acquittal."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"‘DISTURBING’: ‘Angry’ parish judge sentenced woman who claimed she never pleaded guilty, By Loop News, LoopJamaica.com, April 24, 2017"

Information Location 1:

http://www.loopjamaica.com/content/%E2%80%98disturbing%E2%80%99-%E2%80%98angry%E2%80%99-parish-judge-sentenced-woman-who-claimed-she-never-pleaded-guilty

Information Source 2:

"Samuels (Nerice) v. R., [2017] JMCA Crim 17 (Jamaica Ct. of Appeal, 4-5-2017) (Reversing conviction)"

Information Location 2:

http://www.courtofappeal.gov.jm/sites/default/files/judgments/Samuels%20%28Nerice%29%20v%20R.pdf

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

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