Wrongly Convicted Database Record

 

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Scott Smith

 

Charge:

Possessing or carrying dangerous weapon

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

2018

Year Cleared:

2018

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

City of Crime:

Uley

Result:

Judicially Exonerated

Summary of Case:

"Scott Smith was wrongly convicted in 2018 of possessing an illegal weapon in Uley, Gloucestershire County, England. Smith's prosecution was based on the police alleging that he had a 6" folding lock knife in his possession when he was working on his broken down car. Smith's defense was he had a penknife with a 2-1/2" long blade. After his conviction Smith Appealed. On September 7, 2018 the Gloucester Crown Court quashed Smith's conviction on the basis the prosecution failed to introduce sufficient evidence his knife was not a pen knife with a 2-1/2" long blade. Judge Cullum said in quashing the conviction: "I've got in mind that size matters in relation to this. A pocket knife is not unlawful unless its cutting edge is more than three inches. If the blade is more than three inches it is unlawful but this one has a blade of two inches. So as a matter of law is this a bladed article? I don't think so.""

Conviction Caused By:

Innocence Proved By:

"On September 7, 2018 the Gloucester Crown Court quashed Smith's conviciton on the basis the prosecution failed to introduce sufficient evidence that his knife was not a pen knife with a 2-1/2" long blade."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Size matters', says judge as he overturns man's conviction for carrying a knife, By Staff, Gloucestershire Live, September 8, 2018"

Information Location 1:

https://www.gazetteseries.co.uk/news/gloucestershirenews/16696303.judge-overturns-mans-conviction-for-carrying-a-knife/

Information Source 2:

"Judge overturns man's conviction for carrying a knife, By Staff, South Cotswolds Gazette, September 8, 2018"

Information Location 2:

https://www.gazetteseries.co.uk/news/gloucestershirenews/16696303.judge-overturns-mans-conviction-for-carrying-a-knife/

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

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