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 DNA evidence only should not be enough to justify a conviction.
Held: There was no case that could properly have been left to the jury. Therefore the conviction has to be quashed.
Elias LJ, MacKay J, Sir Roderick Evans
[2013] EWCA Crim 1294
Bailii
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 – Lashley, Regina v CACD 8-Feb-2000
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 . .
Cited – Regina v Grant CACD 18-Jul-2008
The defendant appealed against his convictions for robbery. The sole evidence was the presence of DNA evidence drawn from a balacava left at the scene. There was a probability of a one in a billion that it was DNA matching someone other than the . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 17 November 2021; Ref: scu.513521