Ogden, R. v

Ogden, R. v

The conviction was unsafe because the only evidence against the appellant was DNA found on a scarf at the scene, with no independent evidence linking him to the burglary; the judge should have acceded to the half-time application and withdrawn the case from the jury.

Parties
Prosecution: Regina; Appellant: Robert Ogden
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
Burglary, DNA Evidence, Submission of No Case, Half Time Application
Criminal Law Burglary DNA Evidence Submission of No Case Half Time Application

Case Brief

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Parties

Regina

Prosecution

Robert Ogden

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether DNA evidence alone, without independent circumstantial evidence, is sufficient to sustain a conviction for burglary
  2. 2 Whether the trial judge erred in rejecting the half-time application to withdraw the case from the jury

Ratio Decidendi

The conviction was unsafe because the only evidence against the appellant was DNA found on a scarf at the scene, with no independent evidence linking him to the burglary; the judge should have acceded to the half-time application and withdrawn the case from the jury.

Court Disposition

conviction quashed

Orders

  • conviction quashed