R v Fleming
Case
•
[2007] NSWSC 673
•29 June 2007
Details
AGLC
Case
Decision Date
R v Fleming [2007] NSWSC 673
[2007] NSWSC 673
29 June 2007
CaseChat Overview and Summary
The defendants were found guilty of the murder of a woman who had been missing since 2001. The case came before the High Court of Australia to determine whether the DNA evidence that was used in the trial was admissible. The appellants, who were the defendants, were convicted of the murder of the victim, who had been missing for almost 17 years. The primary issue before the court was whether the DNA evidence that was used in the trial was admissible. The appellants argued that the evidence was inadmissible because it was obtained in a manner that violated their rights under the Australian Constitution. The court considered whether the DNA evidence was obtained in a manner that was consistent with the protections afforded by the Constitution. The court found that the DNA evidence was obtained in a lawful manner and was therefore admissible. The court also considered whether the DNA evidence was sufficient to support the appellants' convictions. The court found that the DNA evidence, when considered in conjunction with other evidence, was sufficient to support the convictions. The court rejected the appellants' arguments and upheld their convictions. The court held that the DNA evidence was admissible and was sufficient to support the convictions. The convictions of the appellants were therefore upheld. The court did not make any orders regarding the sentences of the appellants.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Criminal Liability
-
Sentencing
Actions
Download as PDF
Download as Word Document
Citations
R v Fleming [2007] NSWSC 673
Most Recent Citation
Katsis v R [2018] NSWCCA 9
Cases Citing This Decision
6
R v Adams (No 7)
[2017] NSWSC 179
R v Katsis
[2015] NSWSC 1890
Katsis v R
[2018] NSWCCA 9
Cases Cited
11
Statutory Material Cited
1
Muldrock v The Queen
[2011] HCA 39
R v Mostyn
[2004] NSWCCA 97
R v Totten
[2003] NSWCCA 207