Tsekiri, R v

Tsekiri, R v

There is no legal principle preventing a case solely dependent on the defendant's DNA profile on an article left at the scene from being considered by a jury. On the facts, the major DNA profile on the car door handle used in the robbery, with no explanation for its presence, was sufficient to establish a case to answer.

Parties
Respondent: Regina; Applicant: Tsekiri
Jurisdiction
England and Wales
Judgment Date
17 February 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
DNA Evidence, Robbery, Case to Answer, Adverse Inference
Criminal Law Evidence DNA Evidence Robbery Case to Answer Adverse Inference

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Tsekiri

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether DNA evidence alone is sufficient to establish a case to answer in robbery
  2. 2 Whether supporting evidence is required when DNA is found on a movable article at the scene

Ratio Decidendi

There is no legal principle preventing a case solely dependent on the defendant's DNA profile on an article left at the scene from being considered by a jury. On the facts, the major DNA profile on the car door handle used in the robbery, with no explanation for its presence, was sufficient to establish a case to answer.

Court Disposition

appeal dismissed

Orders

  • conviction upheld