C, R. v

C, R. v

The admissibility of the DNA evidence was properly determined by the trial judge based on reliability, not quantity; the judge correctly accepted the prosecution expert's evidence that the profile was reliable despite being below the stochastic threshold. The order for a preparatory hearing was wrongly made as the...

Source-derived case information.

Parties
Respondent: Regina; Appellant: C
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Ruling on Admissibility of DNA Evidence/preparatory Hearing Order
Outcome
Order for preparatory hearing quashed; trial to proceed with DNA evidence admissible.
Legal Topics
Admissibility of DNA Evidence, Preparatory Hearings, Expert Evidence, Case Management
Criminal Law Evidence Admissibility of DNA Evidence Preparatory Hearings Expert Evidence Case Management

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

C

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Ruling on Admissibility of DNA Evidence/preparatory Hearing Order

Legal Issues

  1. 1 Whether the DNA evidence was admissible under s.78 of PACE
  2. 2 Whether the judge should have ordered a preparatory hearing under s.29 of CPIA
  3. 3 Proper approach to admissibility of DNA evidence and case management

Ratio Decidendi

The admissibility of the DNA evidence was properly determined by the trial judge based on reliability, not quantity; the judge correctly accepted the prosecution expert's evidence that the profile was reliable despite being below the stochastic threshold. The order for a preparatory hearing was wrongly made as the case did not meet the statutory criteria, and such an order cannot be made ex post facto after the ruling.

Court Disposition

Order for preparatory hearing quashed; trial to proceed with DNA evidence admissible.

Orders

  • Order for preparatory hearing under s.29 CPIA set aside
  • DNA evidence ruled admissible; trial to proceed