{"id":1778,"date":"2010-11-22T07:36:03","date_gmt":"2010-11-22T07:36:03","guid":{"rendered":"http:\/\/www.sixthform.info\/lawblog\/?p=1778"},"modified":"2010-11-22T07:36:03","modified_gmt":"2010-11-22T07:36:03","slug":"1778","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=1778","title":{"rendered":""},"content":{"rendered":"<p><strong>*R v C\u00a0 [2010] (CA)<br \/>\n[Expert evidence &#8211; DNA]<\/strong><br \/>\nD was alleged to have raped V at her house many years previously.\u00a0 No DNA profiles were obtained from swabs taken at that time.  Advances in DNA technology led to a further analysis of the swabs.\u00a0 The quantity of the sample was below 50 picograms and D claimed the random (stochastic)  effects were likely to be considerable.\u00a0\u00a0\u00a0 The stochastic threshold of 100 to 200 picograms was established in <span style=\"text-decoration: underline;\"><em><strong>Reed and another; R v Garmson<\/strong><\/em><strong>[2009]<\/strong><\/span>.<br \/>\nAt the <em>voi dire<\/em>, the judge held that the evidence should not be excluded under <span style=\"text-decoration: underline;\"><strong>s 78 of the Police and Criminal Evidence Act 1984<\/strong><\/span>. He agreed with the FSS expert that it was not the quantity of the DNA that necessarily mattered but its quality and reliability.<\/p>\n<p><strong>Held<\/strong>:\u00a0 Despite he authority of <span style=\"text-decoration: underline;\"><em><strong>Reed and another; R v Garmson<\/strong><\/em><strong>[2009]<\/strong><\/span> 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.<\/p>\n<p><strong>(Intoloculatory appear &#8211; trial to continue)<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>*R v C\u00a0 [2010] (CA) [Expert evidence &#8211; DNA] D was alleged to have raped V at her house many years previously.\u00a0 No DNA profiles were obtained from swabs taken at that time. Advances in DNA technology led to a further analysis of the swabs.\u00a0 The quantity of the sample was below 50 picograms and [&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-1778","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\/1778","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=1778"}],"version-history":[{"count":3,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/1778\/revisions"}],"predecessor-version":[{"id":1781,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/1778\/revisions\/1781"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1778"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1778"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1778"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}