Benjamin James Forbes v The Queen

The appeal of Benjamin James Forbes against his conviction for unlawful sexual intercourse was heard by the Full Court of the Supreme Court of South Australia. The central dispute concerned whether the DNA evidence presented at trial was sufficient to establish beyond reasonable doubt that Mr Forbes was the perpetrator of the offence, given that he did not dispute the victim's account of the attack but denied his involvement.

The court was required to determine two primary legal issues. Firstly, whether DNA evidence, when it is the sole evidence linking the appellant to the commission of the offence, can be sufficient to support a conclusion of guilt. Secondly, the court had to consider whether, on the entirety of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty, particularly in light of matters raised by the appellant that he contended gave rise to a reasonable possibility of his innocence.

The Full Court reasoned that DNA evidence is inherently capable of supporting a conclusion that an accused person is the perpetrator of an offence. The court found that it was open to the jury to be satisfied beyond reasonable doubt of the appellant's guilt based on the DNA evidence, notwithstanding the appellant's submissions regarding alternative possibilities. The appeal was therefore dismissed.