Bech, R. v

Bech, R. v

The Recorder was correct to reject the submission of no case, as the presence of the applicant's DNA on the driver's airbag, combined with other evidence and the application of common sense, was sufficient for a jury properly directed to convict.

Parties
Prosecution: Regina; Applicant: Jordan Anthony Bech
Jurisdiction
England and Wales
Judgment Date
15 February 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application refused
Legal Topics
Dangerous Driving, DNA Evidence, Submission of No Case, Appeal Procedure
Criminal Law Dangerous Driving DNA Evidence Submission of No Case Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Jordan Anthony Bech

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the presence of the applicant's DNA on the driver's airbag was sufficient evidence to prove he was the driver
  2. 2 Whether the Recorder properly applied the test in R v Tsekiri regarding DNA evidence
  3. 3 Whether the submission of no case should have been accepted given the mixed DNA profile and lack of direct evidence

Ratio Decidendi

The Recorder was correct to reject the submission of no case, as the presence of the applicant's DNA on the driver's airbag, combined with other evidence and the application of common sense, was sufficient for a jury properly directed to convict.

Court Disposition

renewed application refused