Richardson v R [2018] NSWCCA 168

Richardson v R [2018] NSWCCA 168

The later Y-Filer Plus DNA testing, which was not available at trial, revealed a mixed profile with a secondary contributor that initial testing had not detected. Given the Crown's reliance at trial on the DNA evidence and its rejection of secondary transfer, the new evidence was compelling and meant the applicant lost a chance of acquittal reasonably open to him, so the convictions and sentences were quashed and a new trial ordered.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal against convictions granted; appeal allowed; convictions and sentences quashed; new trial ordered on both counts.
Legal Topics
['appeal Against Conviction' 'dna Evidence' 'fresh or New Evidence' 'secondary Transfer' 'sexual Intercourse Without Consent']
['crime' 'criminal Procedure' 'evidence'] ['appeal Against Conviction' 'dna Evidence' 'fresh or New Evidence' 'secondary Transfer' 'sexual Intercourse Without Consent']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether new DNA testing that was more discriminating than the initial testing meant the applicant lost a chance of acquittal reasonably open to him.' 'Whether the convictions should be quashed and a new trial ordered.']

Ratio Decidendi

The later Y-Filer Plus DNA testing, which was not available at trial, revealed a mixed profile with a secondary contributor that initial testing had not detected. Given the Crown's reliance at trial on the DNA evidence and its rejection of secondary transfer, the new evidence was compelling and meant the applicant lost a chance of acquittal reasonably open to him, so the convictions and sentences were quashed and a new trial ordered.

Court Disposition

Leave to appeal against convictions granted; appeal allowed; convictions and sentences quashed; new trial ordered on both counts.

Orders

  • ['Leave to appeal against convictions granted.' 'Appeal allowed.' 'Convictions and sentences quashed.' 'Order that there be a new trial on both counts.']