Weston, R v

Weston, R v

The DNA evidence found on the respondent's boots is new, compelling, reliable, substantial, and highly probative of the case against the respondent. The possibility of contamination or alternative explanations is highly unlikely. Despite the passage of time, loss of transcripts, death of witnesses, and destruction of exhibits, a fair trial is possible. The interests of justice require quashing the acquittal and ordering a re-trial.

Parties
Applicant: Regina; Respondent: Mark Weston
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Criminal / Application to Quash Acquittal and Order Re Trial
Outcome
Application granted; acquittal quashed; re-trial ordered.
Legal Topics
Double Jeopardy, Re Trial After Acquittal, DNA Evidence, Due Diligence in Forensic Investigation
Criminal Law Double Jeopardy Re Trial After Acquittal DNA Evidence Due Diligence in Forensic Investigation

Case Brief

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Parties

Regina

Applicant

Mark Weston

Respondent

Procedural Posture

Criminal / Application to Quash Acquittal and Order Re Trial

Legal Issues

  1. 1 Whether new and compelling evidence exists to justify quashing an acquittal and ordering a re-trial
  2. 2 Whether the evidence is reliable, substantial, and highly probative
  3. 3 Whether a fair trial is possible given passage of time, loss of transcripts, death of witnesses, and destruction of exhibits

Ratio Decidendi

The DNA evidence found on the respondent's boots is new, compelling, reliable, substantial, and highly probative of the case against the respondent. The possibility of contamination or alternative explanations is highly unlikely. Despite the passage of time, loss of transcripts, death of witnesses, and destruction of exhibits, a fair trial is possible. The interests of justice require quashing the acquittal and ordering a re-trial.

Court Disposition

Application granted; acquittal quashed; re-trial ordered.

Orders

  • Acquittal quashed under s.77 Criminal Justice Act 2003
  • Order for re-trial of Mark Weston for murder