R v White [2005] NSWSC 60

R v White [2005] NSWSC 60

The collection and analysis of the accused's discarded cigarette butt was not a forensic procedure carried out on a person, so s 82 of the Crimes (Forensic Procedures) Act did not apply. In any event, even assuming the evidence was obtained in contravention of the Act or improperly, its high probative value, the gravity of the murder charge, and the absence of flagrant bad faith meant the desirability of admitting it outweighed the undesirability of admission.

Jurisdiction
Australia
Judgment Date
15 February 2005
Procedural Posture
Criminal Prosecution for Murder / Pre Trial Ruling on Admissibility of DNA Evidence
Outcome
The evidence the subject of the challenge is to be admitted.
Legal Topics
['admissibility of DNA Evidence' 'discarded Cigarette Butt' 'crimes (forensic Procedures) Act' 'improperly Obtained Evidence' 'evidence Act S138 Discretion']
['criminal Law' 'evidence' 'forensic Procedures'] ['admissibility of DNA Evidence' 'discarded Cigarette Butt' 'crimes (forensic Procedures) Act' 'improperly Obtained Evidence' 'evidence Act S138 Discretion']

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Procedural Posture

Criminal Prosecution for Murder / Pre Trial Ruling on Admissibility of DNA Evidence

Legal Issues

  1. 1 ['Whether DNA evidence obtained from analysis of a cigarette butt discarded by the accused at Katoomba police station was evidence to which s 82 of the Crimes (Forensic Procedures) Act 2000 applied.' 'If s 82 applied, whether the desirability of admitting the evidence outweighed the undesirability of admitting evidence obtained otherwise than in compliance with the Act.' 'Whether, assuming the evidence was improperly obtained, the discretion under s 138 of the Evidence Act should be exercised in favour of admission.']

Ratio Decidendi

The collection and analysis of the accused's discarded cigarette butt was not a forensic procedure carried out on a person, so s 82 of the Crimes (Forensic Procedures) Act did not apply. In any event, even assuming the evidence was obtained in contravention of the Act or improperly, its high probative value, the gravity of the murder charge, and the absence of flagrant bad faith meant the desirability of admitting it outweighed the undesirability of admission.

Court Disposition

The evidence the subject of the challenge is to be admitted.

Orders

  • ['The DNA evidence obtained from analysis of the cigarette butt is admitted.']