Richard Norris

Case Summary

At around midnight on April 3-4, 1979, an unknown man broke into the home of a Fergus, Ontario woman and sexually assaulted her. The woman’s neighbours, millworker Richard Norris and his wife, were home sleeping at that time.1

Within hours of the assault, the victim reported to police that the assailant was either Norris or James Anderson, a friend of Norris, who “bore a striking resemblance to [him].”2 When questioned by police, Anderson claimed to have an alibi. It appears that the investigators did not pursue the matter further.3 Police arrested Norris at 5:00 a.m. on April 4, and he was charged with sexual assault and breaking and entering.4

In addition to the victim’s evidence, the Crown’s case at Norris’ trial consisted of adducing dog hair retrieved from his jeans, which resembled that of the victim’s dog.5 Norris’ account was that he “had been playing with his mother-in-law’s cocker spaniel earlier [on] that [date]” and so the hair must have come from her dog.6 Norris’ wife testified that he had been at home with her throughout the night in question.7

The Crown had failed to disclose the victim’s identification of Anderson as a possible suspect in addition to Norris.8

The jury found Norris guilty in December 1979, and he was sentenced to 23 months in prison. Norris served nine months before his release on parole in 1980.9

On April 29, 1989, consistent with the evidence that the Crown had failed to disclose, Anderson confessed to Norris – and later to police – that it was actually he who committed the sexual assault.10 Norris subsequently applied for a Ministerial pardon, but his application was rejected on July 29, 1991.11

He then appealed his conviction to the Ontario Court of Appeal, presenting the fresh evidence of Anderson’s confession.12 In light of this information, the Crown agreed that Norris ought to be acquitted, stating that in this circumstance “a conviction cannot remain.”13 On November 29, 1991, the Ontario Court of Appeal set aside Norris’ conviction and acquitted him.14

On June 17, 1993, the Ontario government compensated Norris $507,000 for his wrongful conviction.15


[1] Joseph Hall, “Innocent man despairs of justice: [AM Edition],” The Toronto Star (21 September 1992): A9 [Hall]; Thomas Claridge, “Man to appeal case Seeks clean record after being cleared,” The Globe and Mail (28 September 1991): A8 [Claridge]; “Jailed in sexual assault, innocent man plans suit: [Final Edition],” The Toronto Star (1 May 1991): A2 [The Toronto Star].
[2] Hall, supra note 1; Joan Breckenridge, “Redress offer rejected Wrongfully jailed, man seeks inquiry,” The Globe and Mail (15 January 1993): A12.
[3] Claridge, supra note 1.
[4] Ibid.; Hall, supra note 1.
[5] The Toronto Star, supra note 1.
[6] Hall, supra note 1.
[7] Claridge, supra note 1.
[8] Hall, supra note 1.
[9] Ibid.; The Toronto Star, supra note 1.
[10] Hall, supra note 1; The Toronto Star, supra note 1.
[11] Claridge, supra note 1.
[12] Ibid.
[13] R. v. Norris, 1991 CarswellOnt 2095 (CA).
[14] Ibid.
[15] Hans Sherrer, “Richard Norris”, Wrongly Convicted Database Record, online: <http://forejustice.org/db/Norris--Richard-.html> (accessed 25 January 2023); Janice Tibbetts, “$1.1M award for false conviction,” Ottawa Citizen – Online (19 December 2001): n/a.

 

 

Case Details

  • Full name:

    Richard Norris

  • Gender identity:

    Male

  • Race/ethnicity:

    Unknown

  • Age - at the time of conviction:

    24

  • Charges - specific offences:

    Sexual assault; Break and enter

  • Date of conviction:

    1979-12

  • Date wrongful conviction was overturned:

    1991-11-29

  • Sentence - total time served:

    00 years, 09 months, 00 days

  • Legal mechanism by which wrongful conviction was overturned:

    New evidence on first appeal

  • Status of alleged crime:

    Solved

  • Compensation Received?

    Yes

  • Guilty plea?

    No

  • Cause(s) of wrongful conviction:

    Norris was wrongfully convicted of a sexual assault committed by a friend who strikingly resembled him. The Crown did not disclose the victim’s statement that either man could have been the perpetrator. Norris was exonerated, having already served his sentence, when his friend at last came forward to confess.