R v Kaddour (No 3) [2019] NSWDC 737

R v Kaddour (No 3) [2019] NSWDC 737

The prosecution failed to prove beyond reasonable doubt any of the offences as it did not establish that the reference sample used for DNA comparison was obtained from the accused, and therefore, insufficient evidence existed to link the accused to the Berkeley Vale premises and the alleged drug activities.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Criminal / Judge Alone Trial, Verdict
Outcome
not guilty on all counts
Legal Topics
['drug Offences' 'evidence' 'tendency Evidence' 'coincidence Evidence' 'dna Evidence' 'burden of Proof']
['criminal Law'] ['drug Offences' 'evidence' 'tendency Evidence' 'coincidence Evidence' 'dna Evidence' 'burden of Proof']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Judge Alone Trial, Verdict

Legal Issues

  1. 1 ['Whether the accused produced prohibited drugs in large commercial quantities' 'Whether the accused supplied prohibited drugs in large commercial quantities' 'Whether the DNA evidence sufficiently links the accused to the offences' "Whether tendency and coincidence evidence establish the accused's participation" "Whether the prosecution proved the accused's guilt beyond reasonable doubt"]

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt any of the offences as it did not establish that the reference sample used for DNA comparison was obtained from the accused, and therefore, insufficient evidence existed to link the accused to the Berkeley Vale premises and the alleged drug activities.

Court Disposition

not guilty on all counts

Orders

  • ['Verdict of not guilty on count 1' 'Verdict of not guilty on count 2' 'Verdict of not guilty on count 3' 'Verdict of not guilty on count 4' 'Verdict of not guilty on count 5']