Reed & Anor, R v [2009] EWCA Crim 2698 (21 December 2009)

Reed & Anor, R v [2009] EWCA Crim 2698 (21 December 2009)

The Court held that DNA evidence obtained using the LCN process is admissible where the quantity of DNA is above the stochastic threshold and the profiles are reliable. Challenges to the general reliability of LCN DNA evidence are not permitted absent new scientific evidence. Expert evidence on possible mechanisms...

Source-derived case information.

Citation
[2009] EWCA Crim 2698
Parties
Respondent: Regina; Appellant: David Reed; Appellant: Terence Reed; Appellant: Neil Garmson
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal From Crown Court Convictions
Outcome
Appeals dismissed
Legal Topics
DNA Evidence, Expert Evidence, Admissibility of Scientific Evidence, Low Template DNA, Low Copy Number DNA, Jury Directions, Forensic Science
Criminal Law Evidence DNA Evidence Expert Evidence Admissibility of Scientific Evidence Low Template DNA Low Copy Number DNA Jury Directions +1 more

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Parties

Regina

Respondent

David Reed

Appellant

Terence Reed

Appellant

Neil Garmson

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment on Appeal From Crown Court Convictions

Legal Issues

  1. 1 Whether DNA evidence obtained using the Low Copy Number (LCN) process is reliable and admissible
  2. 2 Whether expert evidence on the manner and timing of DNA transfer is admissible where the biological material is unidentified
  3. 3 Whether the trial judges misdirected the jury regarding DNA evidence and its limitations

Ratio Decidendi

The Court held that DNA evidence obtained using the LCN process is admissible where the quantity of DNA is above the stochastic threshold and the profiles are reliable. Challenges to the general reliability of LCN DNA evidence are not permitted absent new scientific evidence. Expert evidence on possible mechanisms of transfer is admissible if it does not speculate beyond the scientific basis. The appeals were dismissed as the DNA evidence was properly admitted and the jury was adequately directed.

Court Disposition

Appeals dismissed

Orders

  • Convictions upheld for David Reed, Terence Reed, and Neil Garmson
  • No retrial ordered