Stewart Allen

Stewart Allen was convicted of indecent assault for assaulting a woman outside a nightclub (trying to kiss her and becoming aggressive when she refused and grabbing her chest). Police nearby (who were unaware of the incident) saw a man acting suspiciously and questioned him. One police constable later found out about the offence and identified Allen as the man he questioned on the night. At an identification parade, the two police constables who questioned the man identified Allen. On appeal, evidence was presented that showed that one police officer involved had previously met Allen when responding to a domestic incident (that the police officer didn’t remember). Since the jury did not have this information, the Court of Appeal felt unable to conclude the conviction was safe and therefore quashed the conviction.