Regina v Wakefield [2004] NSWCCA 288

New South Wales Court of Criminal Appeal

CITATION : Regina v Wakefield [2004] NSWCCA 288 HEARING DATE(S) : 13 August 2004 JUDGMENT DATE : 20 August 2004

JUDGMENT OF : Hodgson JA at 1; Hulme J at 2; Smart AJ at 6 DECISION : Appeal against conviction dismissed

CATCHWORDS : Identification case - appreciation and application of DNA and directions - case fought on risk of contamination of DNA and no other issue for sound forensic reasons - Point not raised at trial - Rule 4 applied - no substance in appeal. LEGISLATION CITED : Nil CASES CITED : R v Doheny & Adams [1997] 1 Cr App R 369 R v Keir 127 A Crim R 195 PARTIES : Regina v Leslie John Wakefield FILE NUMBER(S) : CCA 60207/04 COUNSEL : (A) G Bashir (C) P Barrett SOLICITORS : (A) S O'Connor (C) S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 03/21/0157 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60207/04

HODGSON J HULME J SMART AJ

Friday, 20 August 2004

Regina v Leslie John WAKEFIELD

Judgment

1. HODGSON J: I agree with Smart AJ that the appeal should be dismissed, substantially for the reasons given by him and Hulme J.

2. HULME J: As the reasons of Smart AJ demonstrate, throughout the trial in this matter reference to DNA evidence was commonly made without precision and at times in the erroneous manner encompassed by the description "the Prosecutors Fallacy". The errors commenced as early as the Crown Prosecutor's opening. No objection was taken to this.