Director of Public Prosecutions -v- Keith Wilson [2014] IECCA 48 (27 November 2014)

Director of Public Prosecutions -v- Keith Wilson [2014] IECCA 48 (27 November 2014)

The arrest was lawful as the accused was informed of the reason for arrest and the statutory provision need not be specified. DNA evidence from items discarded by the accused in custody was lawfully obtained and admissible. The trial judge did not err in refusing to withdraw the case from the jury or to discharge the jury after the expert evidence. There was no requirement for a special warning to the jury regarding DNA-only evidence. The appeal was dismissed on all grounds.

Citation
[2014] IECCA 48
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused Person/appellant: Keith Wilson
Jurisdiction
Ireland
Judgment Date
27 November 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Lawfulness of Arrest, Admissibility of DNA Evidence, Jury Directions, Burden of Proof, Forensic Evidence, Self Incrimination, Statutory Interpretation
Criminal Law Evidence Law Constitutional Law Lawfulness of Arrest Admissibility of DNA Evidence Jury Directions Burden of Proof Forensic Evidence +2 more

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Keith Wilson

Accused Person/appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the arrest of the appellant was lawful without stating the statutory power of arrest
  2. 2 Whether DNA evidence obtained from items discarded by the accused in custody was admissible
  3. 3 Whether the trial judge erred in refusing a no case to answer application

Ratio Decidendi

The arrest was lawful as the accused was informed of the reason for arrest and the statutory provision need not be specified. DNA evidence from items discarded by the accused in custody was lawfully obtained and admissible. The trial judge did not err in refusing to withdraw the case from the jury or to discharge the jury after the expert evidence. There was no requirement for a special warning to the jury regarding DNA-only evidence. The appeal was dismissed on all grounds.

Court Disposition

appeal dismissed