FNC, R. v (Rev 1)

FNC, R. v (Rev 1)

Where DNA is directly deposited during the commission of an offence and the match probability is extremely high, this is sufficient to raise a case to answer, distinguishing such cases from those where DNA is found on movable objects. The recorder's ruling was wrong in law; the matter must proceed to trial.

Parties
Respondent: Regina; Appellant: FNC
Jurisdiction
England and Wales
Judgment Date
04 November 2015
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (no Case to Answer)
Outcome
Appeal allowed
Legal Topics
DNA Evidence, No Case to Answer Submission, Inference From Silence, Standard of Proof
Criminal Law Evidence DNA Evidence No Case to Answer Submission Inference From Silence Standard of Proof

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Parties

Regina

Respondent

FNC

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling (no Case to Answer)

Legal Issues

  1. 1 Whether DNA evidence alone is sufficient to establish a case to answer
  2. 2 Applicability of adverse inference under s.34 Criminal Justice and Public Order Act 1994
  3. 3 Distinction between DNA directly deposited during offence and DNA on movable objects

Ratio Decidendi

Where DNA is directly deposited during the commission of an offence and the match probability is extremely high, this is sufficient to raise a case to answer, distinguishing such cases from those where DNA is found on movable objects. The recorder's ruling was wrong in law; the matter must proceed to trial.

Court Disposition

Appeal allowed

Orders

  • Terminating ruling set aside
  • Case remitted for trial before a Circuit Judge in the Crown Court