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
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Criminal Liability
-
Jurisdiction
-
DNA Evidence
-
Admissibility of Evidence
-
Expert Evidence
Actions
Download as PDF
Download as Word Document
Citations
R v Karger [2001] SASC 64
Most Recent Citation
Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318
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
Cases Cited
7
Statutory Material Cited
0
Colledge v The State of Western Australia
[2007] WASCA 211
R v David Lee Garrett Nos. SCCRM 95/619 and SCCRM 96/9 Judgment No. 5652 Number of Pages 13 Criminal Law Evidence Propensity Evidence
[1996] SASC 5652
Supreme Court of Western Australia
[2013] WASC 186