Law Weblog

Monday 22 November 2010 at 7:36 am | In News | Post Comment

*R v C  [2010] (CA)
[Expert evidence – DNA]
D was alleged to have raped V at her house many years previously.  No DNA profiles were obtained from swabs taken at that time. Advances in DNA technology led to a further analysis of the swabs.  The quantity of the sample was below 50 picograms and D claimed the random (stochastic) effects were likely to be considerable.    The stochastic threshold of 100 to 200 picograms was established in Reed and another; R v Garmson[2009].
At the voi dire, the judge held that the evidence should not be excluded under s 78 of the Police and Criminal Evidence Act 1984. He agreed with the FSS expert that it was not the quantity of the DNA that necessarily mattered but its quality and reliability.

Held:  Despite he authority of Reed and another; R v Garmson[2009] a DNA profile could still be reliable, even if the amount of DNA in that profile was below 200 picograms, provided the necessary reproducibility had been demonstrated.

(Intoloculatory appear – trial to continue)