Wrongly Convicted Database Record
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Charge: |
Driving Recklessly or Dangerously |
Sentence: |
400 fine and 2001.63 costs |
Years Imprisoned: |
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Year Crime: |
2015 |
Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Malta |
County or Region of Crime: |
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City of Crime: |
Sliema |
Result: |
Judicially Exonerated |
Summary of Case: |
"Nicola Testa was wrongly convicted in November 2016 of involuntarily causing damage to two motorcycles to two motorcylces on May 5, 2015 in Sliema, Malta. Testa, 19 at the time, denied being involved in an accident on May 5. After her conviction Testa was fined 400 ordered to pay 2001.63 costs. Testa appealed, arguing that the alleged incident didn't even occur on May 5, but on May 8, and a police inspector's affidavit stated the accident took place on May 9, 2017. In May 2017 the Malta Court of Appeal reversed Testa's conviction and ordered her acquittal based on the fact that she was convicted of an offense that didn't occur on the date it was alleged in the charging instrument to have occurred. Judge Edwina Grima stated in the court's ruling: "this court can never find guilt over the commission of a crime that occurred at a time different to that indicated in the charges."" |
Conviction Caused By: |
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Innocence Proved By: |
"In May 2017 the Malta Court of Appeal reversed Testa's conviction and ordered her acquittal based on the fact that she was convicted of an offense that didn't occur on the date it was alleged in the charging instrument to have occurred. Judge Edwina Grima stated in the court's ruling: "this court can never find guilt over the commission of a crime that occurred at a time different to that indicated in the charges."" |
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Was Perpetrator Identified? |
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Sex: |
Female |
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Information Source 1: |
"Wrong date sees teenager's road accident conviction overturned, By Matthew Agius, Malta Today, June 2, 2017" |
Information Location 1: |
http://www.maltatoday.com.mt/news/court_and_police/77814/wrong_date_sees_teenagers_road_accident_conviction_overturned#.WTNI5evythE |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org