Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
8 years |
Years Imprisoned: |
0.43 |
Year Crime: |
1984 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Wrongly convicted in September 2008 of raping the minor daughter of an acquaintance during a party sometime "around '84, '85." Fifty-two year-old Patrick Dominic Thaiday was sentenced to 8 years in prison. The only evidence that the assault had occured almost 25 years previously, was the testimony of the alleged victim, who is now 35 years-old. The "victim" could only identify that the attack occurred sometime when she was "she was nine or 10 or 11 years old." And she did not tell her parents until almost ten years later in 1993, and she did not make a formal complaint to authorities until late 2005. Thaiday appealed on the ground that the vagueness of when the alleged assault occurred made it impossible for the jury to have determined beyond a reasonable doubt that he committed the alleged offense. On February 24, 2009 the Queensland Court of Appeal quashed Thaiday's conviction, ruling that the dates of the alleged attack were too vague for the evidence to support his conviction. Justice Patrick Keane wrote in the Court's written opinion that there was a "significant possibility that an innocent person has been convicted"." |
Conviction Caused By: |
Possibly perjurious testimony by the alleged victim. |
Innocence Proved By: |
"On February 24, 2009 the Queensland Court of Appeal quashed Thaiday's conviction, ruling that the dates of the alleged attack were too vague for the evidence to support his conviction. Justice Patrick Keane wrote in the Court's written opinion that there was a "significant possibility that an innocent person has been convicted"." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
52 |
Age When Released: |
53 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
R v Thaiday [2009] QCA 27 |
Information Location 1: |
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Information Source 2: |
"Court clears man of rape conviction, Gold Coast Mail, February 24, 2009" |
Information Location 2: |
http://www.thedaily.com.au/news/2009/feb/24/aap-court-clears-man-of-rape-conviction/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org