R v Xie (No 19) [2015] NSWSC 2130

R v Xie (No 19) [2015] NSWSC 2130

The proposed evidence from Mr Goetz regarding the similarity of proportions of alleles between DNA profiles, though possibly probative, is inadmissible because it carries a risk of unfair prejudice, involves subjective interpretation beyond mere objective fact, and does not satisfy the admissibility requirements for opinion evidence under s 79 of the Evidence Act 1995 (NSW).

Parties
Prosecution: The Crown; Accused: Lian Bin (Robert) Xie
Jurisdiction
Australia
Judgment Date
13 August 2015
Procedural Posture
Criminal / Procedural Ruling on Evidence Admissibility
Outcome
Evidence inadmissible
Legal Topics
DNA Evidence, Admissibility of Expert Evidence
Criminal Law Evidence DNA Evidence Admissibility of Expert Evidence

Case Brief

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Parties

The Crown

Prosecution

Lian Bin (Robert) Xie

Accused

Procedural Posture

Criminal / Procedural Ruling on Evidence Admissibility

Legal Issues

  1. 1 Whether proposed DNA expert evidence regarding similarity in proportions of alleles between crime scene samples and sample from accused's garage is admissible under s 79 Evidence Act 1995 (NSW)
  2. 2 Whether the evidence is opinion or objective fact
  3. 3 Risk of unfair prejudice to accused by admitting such evidence

Ratio Decidendi

The proposed evidence from Mr Goetz regarding the similarity of proportions of alleles between DNA profiles, though possibly probative, is inadmissible because it carries a risk of unfair prejudice, involves subjective interpretation beyond mere objective fact, and does not satisfy the admissibility requirements for opinion evidence under s 79 of the Evidence Act 1995 (NSW).

Court Disposition

Evidence inadmissible

Orders

  • Further evidence the Crown proposes to call from Mr Goetz is disallowed