R v Gordon (No 5) [2016] NSWSC 315

R v Gordon (No 5) [2016] NSWSC 315

Senior Constable Vercoe does not have the requisite specialised scientific knowledge to opine on the issue of secondary transfer of trace DNA; thus, the probative value of her evidence on this point is outweighed by the risk of unfair prejudice, and the question is rejected.

Parties
Crown: Regina; Accused: Donald Patrick Gordon
Jurisdiction
Australia
Judgment Date
08 March 2016
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Question to Senior Constable Vercoe regarding her knowledge of the reasons for the procedures, specifically relating to secondary transfer of trace DNA, is rejected.
Legal Topics
Evidence, Expert Evidence, Admissibility, Secondary Transfer of Trace DNA
Criminal Law Evidence Expert Evidence Admissibility Secondary Transfer of Trace DNA

Case Brief

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Parties

Regina

Crown

Donald Patrick Gordon

Accused

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether Senior Constable Vercoe is qualified to give expert evidence about the reasons for standard police evidence-handling procedures, specifically regarding secondary transfer of trace DNA
  2. 2 Whether such evidence should be excluded under s 137 of the Evidence Act 1995 (NSW) due to risk of unfair prejudice

Ratio Decidendi

Senior Constable Vercoe does not have the requisite specialised scientific knowledge to opine on the issue of secondary transfer of trace DNA; thus, the probative value of her evidence on this point is outweighed by the risk of unfair prejudice, and the question is rejected.

Court Disposition

Question to Senior Constable Vercoe regarding her knowledge of the reasons for the procedures, specifically relating to secondary transfer of trace DNA, is rejected.

Orders

  • The question directed by Crown Prosecutor to Senior Constable Vercoe regarding knowledge of reasons for procedures is rejected.