Kelly, Re Reference By Scottish Criminal Cases Review Commission [2004] ScotHC 47 (06 August 2004)

Kelly, Re Reference By Scottish Criminal Cases Review Commission [2004] ScotHC 47 (06 August 2004)

The court found that the risk of undetected cross-contamination in DNA evidence, though low, was of critical importance given the centrality of DNA evidence to the conviction. The jury's ignorance of this risk constituted a miscarriage of justice, and there was a reasonable explanation for the evidence not being led at trial due to the timing of scientific concerns and the defence expert's advice.

Citation
[2004] ScotHC 47
Parties
Appellant: Brian Kelly; Referrer: Scottish Criminal Cases Review Commission; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
06 August 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction Following Reference by Scottish Criminal Cases Review Commission
Outcome
appeal allowed; conviction quashed
Legal Topics
Miscarriage of Justice, DNA Evidence, Cross Contamination, Admissibility of New Evidence
Criminal Law Evidence Law Miscarriage of Justice DNA Evidence Cross Contamination Admissibility of New Evidence

Case Brief

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Parties

Brian Kelly

Appellant

Scottish Criminal Cases Review Commission

Referrer

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Following Reference by Scottish Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the existence and significance of additional DNA evidence not led at trial constituted a miscarriage of justice
  2. 2 Whether there was a reasonable explanation for the evidence not being led at trial

Ratio Decidendi

The court found that the risk of undetected cross-contamination in DNA evidence, though low, was of critical importance given the centrality of DNA evidence to the conviction. The jury's ignorance of this risk constituted a miscarriage of justice, and there was a reasonable explanation for the evidence not being led at trial due to the timing of scientific concerns and the defence expert's advice.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Appellant's conviction quashed