R. v Peter Weller [2009] EWCA Crim 1670 (16 July 2009)

R. v Peter Weller [2009] EWCA Crim 1670 (16 July 2009)

Leave to appeal is granted on the ground that the jury may have been misled by expert evidence regarding the provenance of DNA, as Dr Bader's report undermines the scientific basis of the prosecution expert's opinion.

Citation
[2009] EWCA Crim 1670
Parties
Prosecution: Regina; Applicant: Peter Weller
Jurisdiction
England and Wales
Judgment Date
16 July 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal against conviction granted on the DNA evidence issue.
Legal Topics
Sexual Offences, DNA Evidence, Expert Evidence, Appeal Procedure
Criminal Law Sexual Offences DNA Evidence Expert Evidence Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Peter Weller

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the expert DNA evidence presented at trial was reliable and within the proper bounds of expertise
  2. 2 Whether the jury was misled by expert evidence regarding the provenance of DNA found on the applicant's nail clippings

Ratio Decidendi

Leave to appeal is granted on the ground that the jury may have been misled by expert evidence regarding the provenance of DNA, as Dr Bader's report undermines the scientific basis of the prosecution expert's opinion.

Court Disposition

Leave to appeal against conviction granted on the DNA evidence issue.

Orders

  • Representation order for junior counsel only covering today's hearing, the adjourned hearing on 4 June, and the appeal itself.
  • Any further directions to be applied for in writing.