Ignatov v R [2018] NSWCCA 217

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ignatov v R [2018] NSWCCA 217 Hearing dates: 16 March 2018 Decision date: 10 October 2018 Before: Bathurst CJ at [1]; Fullerton J at [2]; Campbell J at [168] Decision: 1. Leave to appeal against conviction is granted. 2. Appeal against conviction is allowed. 3. Conviction and sentence are quashed. 4. Remit the matter to the District Court for a retrial. Catchwords: Criminal law – Appeal against conviction – Circumstantial case – DNA evidence – Appellant's DNA recovered from vulval swabs and the child's clothing – Whether presence of the appellant's DNA could have been the subject of secondary or indirect transfer – Whether the jury's verdict was unreasonable – Whether the jury ought to have had a reasonable doubt about the appellant's guilt

Evidence – Admissions – Assessment of probative value – Where probative value is outweighed by danger of unfair prejudice – Exclusion of evidence under s 137 of the Evidence Act Legislation Cited: Crimes Act 1900 (NSW), s 66A Criminal Appeal Act 1912 (NSW), s 6(1) Evidence Act 1995 (NSW), ss 38, 137 Cases Cited: Fitzgerald v The Queen (2014) 88 ALJR 779; [2014] HCA 28 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Merrick v R [2017] NSWCCA 264 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: Spase Ignatov (Appellant) The Crown (Respondent) Representation: Counsel: S Odgers SC / S Pararajasingham (Appellent) N Adams (Crown)