R. v Peter Weller

R. v Peter Weller

Leave to appeal against conviction is granted on the ground that new expert evidence (Dr Bader's report) casts doubt on the reliability and admissibility of the original expert evidence regarding the provenance of DNA, which may have misled the jury.

Parties
Prosecutor: 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 granted on one ground
Legal Topics
Sexual Assault, Expert Evidence, Appeal Procedure, DNA Evidence
Criminal Law Sexual Assault Expert Evidence Appeal Procedure DNA Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Peter Weller

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the expert evidence regarding DNA provenance was properly admitted and reliable
  2. 2 Whether the jury was misled by expert testimony beyond the expert's competence
  3. 3 Whether leave to appeal should be granted based on new expert evidence

Ratio Decidendi

Leave to appeal against conviction is granted on the ground that new expert evidence (Dr Bader's report) casts doubt on the reliability and admissibility of the original expert evidence regarding the provenance of DNA, which may have misled the jury.

Court Disposition

leave to appeal granted on one ground

Orders

  • Leave to appeal against conviction granted on the DNA expert evidence issue.
  • Representation order for junior counsel only, covering today's hearing, the adjourned hearing on 4 June, and the appeal itself.