Wrongly Convicted Database Record
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Charge: |
"Credit Card Fraud (including, obtaining financial advantage by deception)" |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
2013 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
New South Wales |
City of Crime: |
Armidale |
Result: |
Judicially Exonerated |
Summary of Case: |
"Kara Symington was wrongly convicted on July 23, 2013 in the Armidale, New South Wales, Australia District Court of 10 counts of dishonestly obtaining financial advantage and carrying goods suspected of being stolen. Her convictions were based on her using a credit card with someone else's name on. Symington's defense was her children had retrieved the envelope with the card in it from her mailbox and had handed it to her, and she then started using the card without realizing her name wasn't on it. Symington appealed her conviction, and in November 2013 her conviction was overturned on the basis the prosecution hadn't presented evidence proving the essential element that she had unlawfully obtained the credit card. Judge Paul Lakatos wrote in the appeals court's ruling that there was no reasonable suspicion to assume Symington had acquired the card in an illegal manner. He used the analogy of someone finding a credit card in the street." |
Conviction Caused By: |
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Innocence Proved By: |
In November 2013 Kara Symington's conviction was overturned on the basis the prosecution hadn't presented evidence proving the essential element that she had unlawfully obtained the credit card. |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
27 |
Age When Released: |
27 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Credit card conviction quashed, By Samantha-Jo Harris (staff), The Armidale Express, December 2, 2013" |
Information Location 1: |
http://www.armidaleexpress.com.au/story/1945269/credit-card-conviction-quashed/?cs=12 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org