Wrongly Convicted Database Record

 

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Aborigine Woman

 

Charge:

Driving Under the Influence of Alcohol or Drugs

Sentence:

6 months driving ban and AUS$400 fine

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2015

U.S. State or Country of Crime:

Australia

County or Region of Crime:

Australian Capital Territory

City of Crime:

Macquarie

Result:

Judicially Exonerated

Summary of Case:

"An aborigine woman was wrongly convicted of driving while under the influence of methylamphetamine in Macquarie, Australian Capital Territories, Australia in March 2014. The woman was taken to the hospital after a car crash and her blood was drawn for mandatory tests. She was charged after her blood tested positive for the presence of methylamphetamine, aka "ice." During her trial the woman testified she had not used the drug for eight years and it had to have accidentally or inadvertently gotten into her system in a way she was not aware of. One explanation she offered is that before the crash she had been at a party where people were smoking something that appeared to be ice, and she could have inhaled the second hand smoke. Magistrate Maria Doogan rejected her defense and found her guilty, and sentenced her to pay a $400 fine and banned her from driving for six months. Represented by the Aboriginal Legal Service, the woman appealed to the ACT Supreme Court. On December 10, 2015 her conviction was quashed based on the trial court's failure to adequately consider the defenses the woman presented. Justice John Burns ruled that the magistrate completely failed to consider that the drug had got into her system some other way after the party, and the magistrate had failed to determine that the prosecution had introduced evidence proving that defence did not apply that was necessary to overcome the presumption of innocence. Justice Burns stated: "Unfortunately, the Magistrate did none of these things""

Conviction Caused By:

Innocence Proved By:

"On December 10, 2015 her conviction was quashed based on the trial court's failure to adequately consider the defenses the woman presented. Justice John Burns ruled that the magistrate completely failed to consider that the drug had got into her system some other way after the party, and the magistrate had failed to determine that the prosecution had introduced evidence proving that defence did not apply that was necessary to overcome the presumption of innocence. Justice Burns stated: "Unfortunately, the Magistrate did none of these things""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Court failed to properly consider drug driver's innocent explanation, By Christopher Knaus (Reporter), The Canberra Times, December 10, 2015"

Information Location 1:

http://www.canberratimes.com.au/act-news/court-failed-to-properly-consider-drug-drivers-innocent-explanation-20151210-glk7f3.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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