R v Butler

In the case of R v Butler, the appellant was convicted of murder and appealed against his conviction to the Court of Criminal Appeal in New South Wales. The dispute involved the reliability of the DNA evidence that was the sole evidence against the appellant apart from the opportunity to commit the crime. The central issue before the court was whether the DNA evidence was reliable and whether there was a reasonable possibility that the sample had been contaminated, especially given that the DNA analysis was conducted over 13 years after the commission of the offence. Another concern was the possibility of degradation of the sample, which was compounded by an inconsistent result from a prior ABO test.

The court undertook a thorough analysis of the expert evidence presented regarding the DNA and ABO testing. It considered the possibility of contamination and degradation of the sample, as well as the inconsistencies in the prior ABO test. The court ultimately concluded that the DNA evidence was reliable and that there was no reasonable possibility of contamination or degradation that would undermine the evidence. The court found that the appellant's conviction was supported by the DNA evidence, which was consistent with the presence of the appellant at the crime scene.

The Court of Criminal Appeal dismissed the appeal, confirming the conviction. The court held that the DNA evidence was reliable and that any concerns about contamination or degradation were insufficient to undermine the evidence. The court was satisfied that the DNA evidence, combined with the opportunity of the appellant, was sufficient to support the conviction.