R v Karger

Case

[2001] SASC 64

29 March 2001


Details
AGLC Case Decision Date
R v Karger [2001] SASC 64 [2001] SASC 64 29 March 2001

CaseChat Overview and Summary

In the matter of R v Karger, the accused was on trial for the murder of Kerryn Jean Ostendorf. The key issues before the court were the admissibility of evidence concerning a previous sexual incident involving the accused and a former girlfriend, and the admissibility of DNA profiling evidence. The court ruled that the evidence of the previous sexual incident was inadmissible as it did not demonstrate a relevant sexual appetite or inclination of the accused. Regarding the DNA evidence, the court found that the Quadruplex and Profiler Plus systems for DNA analysis were reliable and accepted by the scientific community. The court also found that the forensic scientist, Mr Pearman, had sufficient expertise to use these systems and interpret the results. The court admitted the DNA evidence, including the match probability of one in over 90 billion, and the use of population genetics and statistics to give weight to the DNA evidence. The court concluded that the evidence was admissible and that there was no reason to exclude it in the exercise of discretion.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Jurisdiction

  • DNA Evidence

  • Admissibility of Evidence

  • Expert Evidence

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Cases Citing This Decision

28

R v Patel (No 6) [2013] QSC 64
R v Xie (No 4) [2014] NSWSC 500
R v McIntyre [2001] NSWSC 311