Fleming v R [2009] NSWCCA 233

Fleming v R [2009] NSWCCA 233

The DNA evidence was properly admitted as the conduct of police did not cross the threshold of impropriety under s138 Evidence Act, adequate directions were given regarding lies, alibi, DNA evidence and delay, and the verdict was not unreasonable given compelling evidence; appeal dismissed.

Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['admissibility of DNA Evidence' 'jury Directions' 'unreasonable Verdict' 'longman Direction' 'false Alibi']
['criminal Law'] ['admissibility of DNA Evidence' 'jury Directions' 'unreasonable Verdict' 'longman Direction' 'false Alibi']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether DNA evidence was improperly obtained and admissible' 'Whether jury directions on lies and alibi were adequate' 'Whether jury directions on DNA evidence were adequate' 'Whether delay disadvantages and directions per Longman and Crampton were adequate' 'Whether the verdict was unreasonable or a miscarriage of justice']

Ratio Decidendi

The DNA evidence was properly admitted as the conduct of police did not cross the threshold of impropriety under s138 Evidence Act, adequate directions were given regarding lies, alibi, DNA evidence and delay, and the verdict was not unreasonable given compelling evidence; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']