Killick, R v

Killick, R v

The evidence of the respondent's DNA on a moveable screwdriver at the scene, without further supporting evidence and in the absence of an explanation for its presence, was insufficient for a reasonable jury to convict. The exclusion of the drug use and debt evidence was correct as it was speculative and prejudicial. The trial judge was right to withdraw the case from the jury.

Parties
Prosecution: Regina; Respondent: Shane Killick
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Trial Judge's Rulings
Outcome
application for leave to appeal refused; acquittal confirmed
Legal Topics
Admissibility of Evidence, Bad Character Evidence, DNA Evidence, No Case to Answer, Burglary
Criminal Law Admissibility of Evidence Bad Character Evidence DNA Evidence No Case to Answer Burglary

Case Brief

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Parties

Regina

Prosecution

Shane Killick

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Trial Judge's Rulings

Legal Issues

  1. 1 Whether the trial judge erred in excluding evidence of the respondent's drug use and debt as motive or bad character evidence
  2. 2 Whether the trial judge erred in allowing a submission of no case to answer where the only evidence was the respondent's DNA on a moveable object at the scene

Ratio Decidendi

The evidence of the respondent's DNA on a moveable screwdriver at the scene, without further supporting evidence and in the absence of an explanation for its presence, was insufficient for a reasonable jury to convict. The exclusion of the drug use and debt evidence was correct as it was speculative and prejudicial. The trial judge was right to withdraw the case from the jury.

Court Disposition

application for leave to appeal refused; acquittal confirmed

Orders

  • Application for leave to appeal refused
  • Ruling of the recorder confirmed