Hookway & Anor v R

Hookway & Anor v R

The DNA evidence, despite genuine disagreement between experts as to its statistical strength, was admissible for jury consideration since both experts agreed the appellants could have contributed DNA to the samples; the summing up adequately presented the differences in expert opinion, and the convictions were justified by the totality of evidence.

Parties
Appellant: Steven James Hookway; Appellant: Gavin Noakes; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
11 August 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Robbery, DNA Evidence, Expert Evidence, Appeals
Criminal Law Robbery DNA Evidence Expert Evidence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Steven James Hookway

Appellant

Gavin Noakes

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether expert DNA evidence should have been withdrawn from the jury
  2. 2 Whether the summing up was defective regarding the dangers of relying on DNA evidence

Ratio Decidendi

The DNA evidence, despite genuine disagreement between experts as to its statistical strength, was admissible for jury consideration since both experts agreed the appellants could have contributed DNA to the samples; the summing up adequately presented the differences in expert opinion, and the convictions were justified by the totality of evidence.

Court Disposition

appeal dismissed

Orders

  • convictions upheld
  • no change to sentences