Police V Le Platrier [2010] NSWLC 22

Police V Le Platrier [2010] NSWLC 22

Where there is a realistic possibility that a close male relative could have an identical DNA profile, and where the likelihood of such an identical profile among siblings is statistically around 1 in 6252, such evidence is not sufficient in the absence of further incriminating evidence to prove guilt beyond reasonable doubt.

Parties
Prosecution: Police; Defendant: Le Platrier
Jurisdiction
Australia
Judgment Date
29 June 2010
Procedural Posture
Criminal / Trial Judgment
Outcome
Charge dismissed
Legal Topics
DNA Evidence, Admissibility of Expert Evidence, Standard of Proof, Reasonable Doubt
Criminal Law Evidence DNA Evidence Admissibility of Expert Evidence Standard of Proof Reasonable Doubt

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Parties

Police

Prosecution

Le Platrier

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Admissibility of the analyst's statement regarding DNA probability statistics in light of presence of family members (siblings)
  2. 2 Whether DNA evidence alone, where a close male relative could share the same DNA profile, is sufficient to establish guilt beyond reasonable doubt

Ratio Decidendi

Where there is a realistic possibility that a close male relative could have an identical DNA profile, and where the likelihood of such an identical profile among siblings is statistically around 1 in 6252, such evidence is not sufficient in the absence of further incriminating evidence to prove guilt beyond reasonable doubt.

Court Disposition

Charge dismissed

Orders

  • The charge of Break Enter and Steal against Dion Le Platrier is dismissed.