{"id":1730,"date":"2010-10-27T10:25:05","date_gmt":"2010-10-27T09:25:05","guid":{"rendered":"http:\/\/www.sixthform.info\/lawblog\/?p=1730"},"modified":"2010-10-27T10:25:05","modified_gmt":"2010-10-27T09:25:05","slug":"bayes-theorem-has-limited-role-in-the-courts","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=1730","title":{"rendered":"Bayes theorem has limited role in the courts"},"content":{"rendered":"<p><span style=\"text-decoration: underline;\"><em><strong><div class=\"img alignleft size-full wp-image-1732\" style=\"width:400px;\">\r\n\t<a href=\"http:\/\/www.sixthform.info\/lawblog\/wp-content\/uploads\/2010\/10\/Footwear-impressions-no-new-rules-needed.jpg\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.sixthform.info\/lawblog\/wp-content\/uploads\/2010\/10\/Footwear-impressions-no-new-rules-needed.jpg\" alt=\"\" width=\"400\" height=\"300\" \/><\/a>\r\n\t<div>Footwear impressions - no new rules needed<\/div>\r\n<\/div>R v T CA<\/strong><\/em><strong> (2010)<\/strong><\/span><\/p>\n<p>D was tried for murder.  Expert evidence based upon the use of likelihood ratios was admitted in evidence.  The evidence centred around a pair of Nike trainers that were unlikely to have made the marks at the scene, the expert calculated that wear, or a dislodged stone etc could have changed the mark.<\/p>\n<p><strong>Held<\/strong>:  In the area of footwear evidence, there is no place for use of a formula to calculate probability. That practice had no sound basis and outside the field of DNA, Bayes theorem and likelihood ratios should not be used.<\/p>\n<p><strong>Not Guilty<\/strong> (retrial ordered)<br \/>\n<em><strong>Per curiam<\/strong><\/em>: It is highly unlikely that the process by which expert evidence was formulated and adduced in this case will ever be repeated. [\u2026] There is no need for any new process. [\u2026]<br \/>\n<strong>Comment<\/strong>: The Court of Appeal has somewhat unusually permitted the publication of a redacted judgment, because of the importance of the judgment<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Footwear impressions &#8211; no new rules needed R v T CA (2010) D was tried for murder. Expert evidence based upon the use of likelihood ratios was admitted in evidence. The evidence centred around a pair of Nike trainers that were unlikely to have made the marks at the scene, the expert calculated that wear, [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1730","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/1730","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1730"}],"version-history":[{"count":2,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/1730\/revisions"}],"predecessor-version":[{"id":1733,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/1730\/revisions\/1733"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1730"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1730"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1730"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}