Regina v David John McIntyre [2001] NSWSC 311

New South Wales Supreme Court

CITATION : Regina v David John McIntyre [2001] NSWSC 311 FILE NUMBER(S) : SC 70041/00 HEARING DATE(S) : 26/03/01 - 24/4/01 JUDGMENT DATE : 11 April 2001

PARTIES : Crown David John McIntyre JUDGMENT OF : Bell J at 1

COUNSEL : Mr N. Harrison (Crown) Mr P. Segal (Accused) SOLICITORS : SE O'Connor (Crown) Hugo Schleiger & Associates (Accused) CATCHWORDS : Voir Dire hearing - Admissibility of opinion evidence as to results of DNA testing using Profiler Plus system LEGISLATION CITED : Evidence Act 1995 Daubert v Merrell, Dow Pharmaceuticals Inc 509 US 579 Frye v United States, 293 Fed, 1013 (1923) H G v The Queen [1999] HCA 2 CASES CITED : R v Gilmore [1977] 2 NSWLR 935 R v Karger [2001] SASC 64 Regina v Milat (unreported) NSW SC, 12 June 1996 R v Pantoja (1996) 88 ACR 554 DECISION : Evidence admitted

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BELL J

LISMORE: WEDNESDAY 11 APRIL 2001

REGINA v DAVID JOHN McINTYRE

JUDGMENT: On admissibility of evidence; see page T905. HER HONOUR: 1. Mr Segal objects to the admission of opinion evidence from Robert Goetz as to the results of DNA testing conducted upon various items, including samples taken from the stained foam mattress located at the accused's home, the carpet located in the second bedroom of the accused's home, the carpet found in the boot of the accused's Chrysler Scorpion sedan and the Guthrie's card relating to Luke Gregory.

2. In each instance the DNA analysis was conducted by means of the Profiler Plus system. Profiler Plus is the commercial name given to a system marketed by Applied Biosystems, a United States company.