Grant, R v

Grant, R v

The presence of DNA from multiple individuals on the balaclava, without the ability to determine whose DNA was deposited at the time of the robbery, rendered it impossible for the prosecution to prove beyond reasonable doubt that the appellant was the robber. The judge should have stopped the case at the close of the prosecution evidence.

Parties
Appellant: Alan Ian Grant; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 July 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed
Legal Topics
Robbery, Firearms Offences, DNA Evidence, Identification Evidence, No Case to Answer
Criminal Law Robbery Firearms Offences DNA Evidence Identification Evidence No Case to Answer

Case Brief

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Parties

Alan Ian Grant

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge ought to have stopped the case at the close of the prosecution evidence
  2. 2 Whether the DNA evidence was sufficient to identify the appellant as the robber

Ratio Decidendi

The presence of DNA from multiple individuals on the balaclava, without the ability to determine whose DNA was deposited at the time of the robbery, rendered it impossible for the prosecution to prove beyond reasonable doubt that the appellant was the robber. The judge should have stopped the case at the close of the prosecution evidence.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed