Director of Public Prosecutions -v- Wilson [2016] IECCA 2 (22 January 2016)

Director of Public Prosecutions -v- Wilson [2016] IECCA 2 (22 January 2016)

The Court refused to certify the first two points (conviction on DNA evidence alone and mandatory jury warning) as points of law of exceptional public importance, finding no authority that DNA evidence is inherently unreliable or that a mandatory warning is required. The Court granted a certificate on the third point regarding admissibility of DNA evidence from cigarette butts discarded in custody, as it raised serious issues about constitutional rights and lacked Supreme Court authority.

Citation
[2016] IECCA 2
Parties
Prosecutor/respondent: Director of Public Prosecutions; Appellant/applicant: Keith Wilson
Jurisdiction
Ireland
Judgment Date
22 January 2016
Procedural Posture
Criminal Appeal / Application for Certificate to Appeal to Supreme Court Under S.29 Courts of Justice Act 1924
Outcome
Certificate to appeal to Supreme Court granted on admissibility of DNA from cigarette butts discarded in custody; refused on other grounds.
Legal Topics
Admissibility of DNA Evidence, Jury Warnings, No Case to Answer Applications, Arrest Powers, Constitutional Rights in Custody
Criminal Law Evidence Law Constitutional Law Admissibility of DNA Evidence Jury Warnings No Case to Answer Applications Arrest Powers Constitutional Rights in Custody

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Keith Wilson

Appellant/applicant

Procedural Posture

Criminal Appeal / Application for Certificate to Appeal to Supreme Court Under S.29 Courts of Justice Act 1924

Legal Issues

  1. 1 Whether conviction can be sustained on DNA evidence alone
  2. 2 Whether mandatory jury warning is required where sole evidence is DNA
  3. 3 Whether DNA from cigarette butts discarded in custody is admissible

Ratio Decidendi

The Court refused to certify the first two points (conviction on DNA evidence alone and mandatory jury warning) as points of law of exceptional public importance, finding no authority that DNA evidence is inherently unreliable or that a mandatory warning is required. The Court granted a certificate on the third point regarding admissibility of DNA evidence from cigarette butts discarded in custody, as it raised serious issues about constitutional rights and lacked Supreme Court authority.

Court Disposition

Certificate to appeal to Supreme Court granted on admissibility of DNA from cigarette butts discarded in custody; refused on other grounds.

Orders

  • Certificate under s.29 Courts of Justice Act 1924 granted on admissibility of DNA from cigarette butts discarded in custody.
  • Certificate refused on issues of conviction on DNA evidence alone and mandatory jury warning.