R v DIONNET [2007] NSWDC 94

R v DIONNET [2007] NSWDC 94

The desirability of admitting the DNA evidence outweighs the undesirability due to the procedural breach, because the accused retains ability to independently access and analyse his DNA, and the breach did not seriously undermine protections afforded by the Act.

Jurisdiction
Australia
Judgment Date
02 May 2007
Procedural Posture
Criminal / Judgment on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
['admissibility of DNA Evidence' 'forensic Procedure Compliance' 'sexual Assault Identification']
['criminal Law'] ['admissibility of DNA Evidence' 'forensic Procedure Compliance' 'sexual Assault Identification']

Case Brief

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Procedural Posture

Criminal / Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether DNA evidence obtained in breach of s 58 of the Crimes (Forensic Procedures) Act should be admitted' 'Impact of police failing to provide sample from buccal swab to accused']

Ratio Decidendi

The desirability of admitting the DNA evidence outweighs the undesirability due to the procedural breach, because the accused retains ability to independently access and analyse his DNA, and the breach did not seriously undermine protections afforded by the Act.

Court Disposition

Evidence admitted

Orders

  • ['DNA evidence previously heard by the jury not excluded']