Regina v Mitchell: CACD 21 Jun 2004

The defendant appealed saying that a DNA profile found at the scene of the crime which did not match the accused was wrongly described by the judge to the jury.
Held: The presence of the additional DNA profile was in the circumstances powerful evidence to support the defence case and should have been left with the jury to assess. The judge had directed that it neither lent support to nor detracted from either case. The judge had allowed himself to be affected by a purely theooretical and speculative possibility raised by the prosecution expert.

Judges:

Rix LJ, Forbes, Barker QC JJ

Citations:

Times 08-Jul-2004

Jurisdiction:

England and Wales

Criminal Practice

Updated: 06 May 2022; Ref: scu.199244