Wrongly Convicted Database Record

 

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Calto Sitangtang

 

Charge:

Incest

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

1990

U.S. State or Country of Crime:

Vanuatu

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Calto Sitangtang was wrongly convicted of incest in Vanuatu. Sitangtang's prosecution was based on his admission that he had sexual intercourse with a woman, Leah Sitangtang, who had been living with Sitangtang's father since shortly after his birth. However, Leah wasn't married to Sitangtang's father nor had she adopted him. Sitangtang appealed. On October 18, 1990 the Vanuatu Court of Appeal quashed Sitangtang's conviction, ruling that: "The basis of the crime of incest lies in the blood relationship between the parties and the inclusion of people in an adoptive relationship clearly shows an intention by the legislation to extend the offence to include others who form part of the true family unit. If such a relationship is to be relied upon, it must be proved as part of the case. No evidence was before the court of any custom ceremony of adoption having taken place.""

Conviction Caused By:

Innocence Proved By:

"On October 18, 1990 the Vanuatu Court of Appeal quashed Sitangtang's conviction, ruling that: "The basis of the crime of incest lies in the blood relationship between the parties and the inclusion of people in an adoptive relationship clearly shows an intention by the legislation to extend the offence to include others who form part of the true family unit. If such a relationship is to be relied upon, it must be proved as part of the case. No evidence was before the court of any custom ceremony of adoption having taken place.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Sitangtang v Public Prosecutor [1990] VUCA 1; [1980-1994] Van LR 488 (Court of Appeal of Vanuatu, October 18, 1990) (Quashing conviction and no retrial ordered.)"

Information Location 1:

http://www.paclii.org/vu/cases/VUCA/1990/1.html

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

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