R v Ali [2015] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Ali [2015] NSWCCA 72 Hearing dates: 31 March 2015 Decision date: 24 April 2015 Before: Hoeben CJ at CL at [1] Adams J at [77] R A Hulme J at [78] Decision: (1)The appeal by the DPP pursuant to s5F(3A) is allowed.

(2)The ruling of his Honour North DCJ on 19 February 2014 as to the admissibility of the DNA certificates, dated 18 May 2012, 28 May 2013 and 1 July 2013 and the ruling by his Honour of 11 November 2014 as to the admissibility of the DNA certificate, dated 18 July 2014, and the addendum to the report of Dr Deborah Perkins of 16 July 2014 are set aside.

(3)The DNA certificates of Michele Anne Franco of 18 May 2012, 28 May 2013, 1 July 2013 and 18 July 2014, together with the amended addendum to the report of Dr Deborah Perkins of 16 July 2014, are admissible in these proceedings. Catchwords: CRIMINAL LAW – DPP appeal pursuant to s5F(3A) – admissibility of evidence – exclusion of evidence in prosecution case – application and operation of s137 Evidence Act 1995 – probative value of evidence – whether use of prosecution evidence unfair to defendant – appeal by DPP upheld – evidence admissible in prosecution case. Legislation Cited: Criminal Appeal Act 1912 – s5F(3A) Evidence Act 1995 (NSW) – s137 Cases Cited: R v Berrill [1982] Qd R 508/ 5 A Crim R 431 R v Chanthovixay [2004] NSWCCA 285 R v Frangulis [2006] NSWCCA 363 R v Kalajzich (1989) 39 A Crim R 415 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228 R v XY [2013] NSWCCA 121; 84 NSWLR 363. Category: Principal judgment Parties: Regina – Applicant Crown Shaheed Ali - Respondent Representation: Counsel: Ms J Girdham SC – Applicant Crown Mr R Bonnici - Respondent