Clay v WA

[2023] WASCA 77

Western Australia Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Admissibility of expert evidence
4. › DNA evidence
5. › Whether expert advanced opinion as to biological source of DNA
6. › Whether opinion had proper scientific foundation
7. › Criminal Code (WA), s 280
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Whether verdict supported by evidence
5. › Circumstantial evidence to be considered as a whole
6. › Corroboration of accomplice evidence by forensic evidence
1. Evidence
2. › Expert opinion evidence
3. › Foundation for expert opinion
4. › DNA analysis
5. › Whether expert required to express opinion on biological source of DNA
6. › Whether evidence admissible where expert could not confirm DNA was from blood

Quick Take

DNA expert evidence is admissible even where the expert cannot confirm the biological source of the DNA (e.g., blood vs trace DNA), provided the expert does not advance an unfounded opinion on that question; the biological source is a matter for the jury to determine on the whole of the evidence.

Case Details

Citation[2023] WASCA 77

CourtWASCA

JurisdictionWestern Australia

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Cited by4

2023Lang v The QueenHCA 29
and 3 more after sign-in

Relies on14

2023Wark v The State of Western AustraliaWASCA 66
2022Dansie v The QueenHCA 25
2020Pell v The QueenHCA 12
2016The Queen v Baden-ClayHCA 35
and 10 more after sign-in

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