Wrongly Convicted Database Record

 

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Stewart McEwen

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

3 years with 18 months suspended for 2 years

Years Imprisoned:

1

Year Crime:

2010

Year Convicted:

2011

Year Cleared:

2011

U.S. State or Country of Crime:

Vanuatu

County or Region of Crime:

City of Crime:

Havanna Harbour

Result:

Judicially Exonerated

Summary of Case:

"Stewart McEwen was wrongly convicted on August 26, 2011 of one count of sexual intercourse without consent that allegedly occurred in October 2010 in Havanna Harbour, Vanuatu. McEwan's conviction was based on the testimony of the alleged victim. After his conviction following a bench trial, McEwen was sentenced to 3 years in prison with 18 months suspended pending 2 years of good behavior. On November 25, 2012 the Vanuatu Court of Appeals quashed Stewart McEwen's conviction on the basis the prosecution presented no evidence that McEwen had any intent to commit sexual intercourse without consent."

Conviction Caused By:

Innocence Proved By:

"On November 25, 2012 the Vanuatu Court of Appeals quashed Stewart McEwen's conviction on the basis the prosecution presented no evidence that McEwen had any intent to commit sexual intercourse without consent."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"McEwen v Public Prosecutor [2011] VUCA 32; Criminal Appeal 02 of 2011 (Court of Appeal of Vanuatu, November 25, 2011) (Quashing conviction based on prosecution's failure to introduce evidence proving every essential element of sexual intercourse without consent.)"

Information Location 1:

http://www.paclii.org/vu/cases/VUCA/2011/32.html

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

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