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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
6 years |
Years Imprisoned: |
2.5 |
Year Crime: |
2002 |
Year Convicted: |
2002 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
Scotland |
City of Crime: |
Edinburgh |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Desmond Uttley aka Desmond Dinnell, was wrongly convicted in June 2002 of raping a 15-year-old girl on June 14, 2002 near his home in Edinburgh, Scotland. Uttley was convicted by a jury based on the testimony of the girl and her friend. Uttley claimed he found the girl passed out on the street from drinking cider and carried her into his house, along with her 14-year-old friend. The girl's claimed that Uttley had sex with the 14-year-old (without a condom), which he denied. Uttley was sentenced to 6 years in prison. Uttley appealed and after serving 2-1/2 years in prison he was released in December 2004 pending the outcome of his appeal. DNA tests in 2009 of the girl's vaginal swab revealed that the girl had not had sex with anyone -- and thus no crime was committed. Based on the new DNA evidence that Uttley had not had sex with the girl and no crime had occurred, Scotland's Court of Appeal overturned Uttley's conviction on December 11, 2009. Uttley filed a claim for compensation with the Scottish government, that was pending as of January 2015." |
Conviction Caused By: |
Perjurious testimony by Uttley's accuser and her 14-year-old friend. |
Innocence Proved By: |
"Based on the new DNA evidence that Uttley had not had sex with the girl and no crime had occurred, Scotland's Court of Appeal overturned Uttley's conviction on December 11, 2009." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
27 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Desmond Dinell or Uttley v. Her Majesty's Advocate, [2009] HCJAC INFO95, December 11, 2009" |
Information Location 1: |
http://www.scotcourts.gov.uk/opinions/2009HCJAC95.html |
Information Source 2: |
"Man jailed for six years is cleared of raping girl, By Dave Finlay, Edinburgh Evening News, December 11, 2009" |
Information Location 2: |
http://edinburghnews.scotsman.com/edinburgh/Man-jailed-for-six-years.5904228.jp |
Information Source 3: |
"New DNA quashes Edinburgh rape conviction, BBC News, December 17, 09" |
Information Location 3: |
http://news.bbc.co.uk/2/hi/uk_news/scotland/edinburgh_and_east/8418369.stm |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org