NSW Caselaw
Reported Decision : (2002) 127 A Crim R 198
New South Wales Court of Criminal Appeal
CITATION : R v Keir [2002] NSWCCA 30 FILE NUMBER(S) : CCA 60092/00 HEARING DATE(S) : 21 February 2002 JUDGMENT DATE : 28 February 2002
PARTIES : R v Thomas Andrew KEIR JUDGMENT OF : Giles JA at 1; Greg James J at 41; McClellan J at 42
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 71575/92 LOWER COURT JUDICIAL Adams J OFFICER :
COUNSEL : P Byrne SC & G Bashir - Appellant M G Sexton QC S-G & B K Baker - Crown SOLICITORS : Gregory J Goold - Appellant S E O'Connor - Crown CATCHWORDS : EVIDENCE - bones found - on Crown case were bones of accused's wife - DNA analysis - likelihood ratio 660,000 times more likely to obtain DNA profile found in bones of child of wife's parents than if bones of a child of a random mating in the Australian population - left to jury that 660,000 to one chance that were bones of wife rather than any other person - and that 660,000 to one chance that evidence of persons seeking the wife alive were accurate and reliable - prosecutor's fallacy - summing-up failed to correct it - conviction quashed. D. Doheny and Adams (1997) 1 Cr App R 369; CASES CITED: R v Galli (2001) NSWCCA 504; R v G K (2001) NSWCCA 413. DECISION : Orders previously made, see para 3.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CCA 60092/00 SC 70049/98 GILES JA Greg JAMES J McCLELLAN J
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