R v Adams

The case of R v Adams, before the NSW Supreme Court, involves a murder trial where the accused is alleged to have committed the sexual assault and manual strangulation of the deceased. The primary legal issue before the court was whether the Crown's foreshadowed tendency evidence was admissible under section 101 of the Evidence Act 1995 (NSW). This section requires that the probative value of the evidence outweigh any prejudicial effect it might have. The court considered the nature of the evidence, including the similarities between the alleged crime and previous acts, and whether the evidence was necessary to establish a fact in issue.

Further, the court addressed the admissibility of mitochondrial DNA analysis of a hair, which was claimed to have been found in the boot of a vehicle owned by the accused in 1983. The defence argued that the chain of possession was deficient, potentially compromising the integrity of the evidence. The court had to determine if, despite these deficiencies, the evidence met the reliability criteria set out in section 137 of the Evidence Act 1995 (NSW). The court examined the circumstances under which the hair was collected, the steps taken to preserve it, and the scientific processes used in its analysis.

The court found that the tendency evidence was admissible as it was relevant to a fact in issue and its probative value was not substantially outweighed by the danger of unfair prejudice. The analysis of the hair, despite some deficiencies in the chain of possession, was deemed reliable and therefore admissible. The court concluded that the evidence was of sufficient probative value to be considered in the case.

The final orders of the court allowed the admissibility of both the tendency evidence and the mitochondrial DNA evidence, enabling the case to proceed to trial with these pieces of evidence being presented to the jury.