R v John George BORG, Douglas John Frederick CARROLL, Wayne Frederick FEAR No.2.; FEAR: Verdict by Direction Application [2015] NSWDC 116

R v John George BORG, Douglas John Frederick CARROLL, Wayne Frederick FEAR No.2.; FEAR: Verdict by Direction Application [2015] NSWDC 116

There is no legal or factual basis to direct a verdict of acquittal as evidence beyond the DNA profile match exists to implicate Fear, and established principles dictate the matter is for the jury to evaluate rather than the trial judge, particularly given the presence of circumstantial evidence connecting the accused to the crime.

Jurisdiction
Australia
Judgment Date
22 June 2015
Procedural Posture
Criminal / Verdict by Direction Application
Outcome
application for directed verdict of acquittal refused
Legal Topics
['verdict by Direction' 'dna Evidence' 'circumstantial Evidence']
['criminal Law'] ['verdict by Direction' 'dna Evidence' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal / Verdict by Direction Application

Legal Issues

  1. 1 ['Whether a verdict of acquittal should be directed when DNA evidence is the only evidence connecting the accused to the crime' 'The sufficiency of DNA profile match evidence supported by statistics as proof of identity for conviction']

Ratio Decidendi

There is no legal or factual basis to direct a verdict of acquittal as evidence beyond the DNA profile match exists to implicate Fear, and established principles dictate the matter is for the jury to evaluate rather than the trial judge, particularly given the presence of circumstantial evidence connecting the accused to the crime.

Court Disposition

application for directed verdict of acquittal refused

Orders

  • ['There is no basis in law or fact to direct a verdict of acquittal. The application is refused.']