Wrongly Convicted Database Record
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Charge: |
Obstructing police officer |
Sentence: |
2 months |
Years Imprisoned: |
0.167 |
Year Crime: |
2008 |
Year Convicted: |
2009 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Western Australia |
City of Crime: |
Perth |
Result: |
Judicially Exonerated |
Summary of Case: |
"Kevin John Spratt was wrongly convicted on January 30, 2009 of obstructing a police officer in Perth, Western Australia, Australia in August 2008. When arrested he was intoxicated and he pled guilty by relying on the prosecuction's account of the events. After his conviction he obtained a copy of the CCTV video that showed he had not obstructed a police officer. He appealed his obstruction conviction on the basis it was based on 'false facts' and was a miscarriage of justice. In its response "the Director of Public Prosecutions, accepts that the alleged facts were incorrect and that there was no proper basis for the obstruction charge." On February 24, 2011 the Western Australia Court of Appeals issued its ruling, stating that while normally a guilty plea is an admission of guilt, "9. In the present case, it is clear that Mr Spratt's plea of guilty was induced by the false allegations made by the prosecution. On the real facts, as now known, he could not lawfully have been convicted of the offence. In those circumstances, I am satisfied that there has been a miscarriage of justice. 10 The orders of the court are that the time for appealing is extended; leave to appeal is granted on the ground that there has been a miscarriage of justice; the ground of appeal is allowed; the conviction is quashed and a verdict of not guilty is substituted." See, 'Spratt v Fowler [2011] WASC 52 (2-24-2011)" |
Conviction Caused By: |
Prosecutor misconduct of concealing CCTV video establishing Spratt had not obstructed a police officer. |
Innocence Proved By: |
"On February 24, 2011 the Western Australia Court of Appeals vacated Spratt's conviction and ordered that a verdict of not guilty be entered." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
Spratt v Fowler [2011] WASC 52 (2-24-2011) |
Information Location 1: |
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=56DF532D20DC4672482578450029CBC7&action=openDocument |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org