Biography Sherry is a women who was convicted of infanticide (the killing of a young child) in 1999. She was 23 when she was imprisoned and 25 when she was released.
Specific charge: 1st degree murder Date of conviction: Jan 4, 1999 Date wrongful conviction was overturned: Dec 7, 2009 Sentence (total time served): 1 year
The case January 22, Sherry found her son Joshua lying down in his playpen and rushed him to the hospital where he passed away. She was very traumatized by seeing her own son like this. Sherry claimed that she would never hurt her son. However, Pathologist Charles Smith who performed Joshua's autopsy sa id otherwise.
He believe d that Sherry smothered him to death. Charles smith, claimed to have found several injuries on Joshua. Including swelling in his brain and bleeding in his neck tissues. Children's aid was alarmed about this situation and after what happened with Joshua she was no longer al lowed to take care of her kids . S he had another son named A ustin, but he was taken out of her house and put up for adoption. Sherry lost both of her sons.
Sherry’s Trial Sherry knew that she was innocent and that it would be hard for her word to go against Charles word. It was already looking that she would be facing many years in prison for a crime she did not commit. Her trial began, and it took place in Belleville Ontario. The crown prosecutor offered to withdraw this murder charge and proceed with a charge of infanticide instead. If convicted of infanticide, Sherry would of faced a drastically reduced prison term.
In exchange, Sherry would have to agree to argue against the Crown’s allegation that she had smothered Joshua. So, although she would officially be pleading not guilty to the new charge of infanticide, she would be agreeing with the Crown’s position that she had hurt her baby. Despite Sherry knowing that she had not smothered Joshua, she felt that she had no choice but to accept this offer. She went to trial on the new charge of infanticide, and the Crown read out a list of agreed facts that included the untrue claim that she had killed her son.
Retrial/exoneration Later, On December 7, the Court of appeal unanimously overturned Sherry’s conviction and dismissed the charges and allegations towards her . She was no longer guilty. The Attorney General announced that on all the trials that pathologist testified on resulted in $250,000 each to whoever he wronged.
Our opinion We don’t think it's fair that people can go to jail based on lies. Especially, lies about your own child. Also, learning about the Canadian legal system which always talks about being fair to their citizens but we don’t think this case should have happened at all resulting . This is because it resulted in someone who was not guilty end up in jail .
We think that the Canadian legal system should be more on top of the topic of wrongfully convicted cases like this one so we can learn from our mistake to prevent them. Wrong convictions can be avoided in the future by having Crown Attorneys who must be wary of eyewitness evidence. They must be attuned to the fact that their accuracy is not always right and is less likely to have any third party suggestions.
Work Cited Sherry-sherrett-robinson https://www.theglobeandmail.com/news/national/mother-wrongly-convicted-in-infants-death-acquitted/article4294856/ https://innocenceproject.org/a-canadian-mother-is-cleared-in-her-sons-death/ https://toronto.ctvnews.ca/appeal-court-acquits-mom-in-baby-death-1.462208 https://www.cbc.ca/news/canada/toronto/mother-cleared-of-killing-infant-son-1.849723