The sole evidence against an appellant was DNA found on a cigarette left at the scene of the crime. It was accepted that there would be between seven and ten males in the United Kingdom to whom this profile related. There was no other evidence before the jury linking the defendant to the crime.
Held: The judge ought to have acceded to submissions at the close of the prosecution case that the case should be withdrawn from the jury. In an appropriate case the additional evidence need only be very limited, but there must be some independent evidence establishing a nexus between the defendant and the crime.
Judges:
Kennedy LJ, Goldring J
Citations:
[2000] EWCA Crim 88
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Doheny, Adams CACD 31-Jul-1996
The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon . .
Cited by:
Cited – Regina v Ogden CACD 28-Jun-2013
The defendant had been charged for burglary on the basis, solely, of DNA evidence found on a scarf. The scarf was accidentally destroyed before the trial, and the defence had been unable to have it examined. He now appealed saying that the use of . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 25 October 2022; Ref: scu.245924
