SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0007
| CLINTON TUITE | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | MAXWELL ACJ, REDLICH and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 23 March 2015 |
| DATE OF ORDERS: | 27 March 2015 |
| DATE OF REASONS: | 12 June 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 148 |
| JUDGMENT APPEALED FROM: | [2014] VSC 662 (Emerton J) |
---
EVIDENCE – Admissibility – Opinion evidence – Expert forensic evidence – DNA samples – Likelihood ratios – New statistical methodology utilised – Whether shown to be reliable – Whether generally accepted – Whether appropriately validated – Whether probative value outweighed by danger of unfair prejudice – Decision of trial judge open – Appeal dismissed – Evidence Act 2008 ss 79(1), 137.
STATUTORY INTERPRETATION – Evidence – Admissibility – Opinion evidence – Requirement of ‘specialised knowledge’ – Whether implied requirement of evidentiary reliability – Whether field of knowledge must be accepted or established – Whether opinion must be based on ‘good grounds’ – Honeysett v The Queen (2014) 88 ALJR 786 applied, Daubert v Merrell Dow Pharmaceuticals Inc (1993) 509 US 579 distinguished – Evidence Act 2008 s 79(1).
WORDS AND PHRASES – ‘Specialised knowledge’, ‘knowledge’.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr J Desmond | Doogue O’Brien George |
| For the Crown | Dr N Rogers SC With Mr B Sonnet | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
MAXWELL ACJ
REDLICH JA
WEINBERG JA:
Summary
This interlocutory appeal raises questions of general importance about the admissibility of expert scientific evidence. At issue in the appeal is the reliability of DNA evidence which utilises a relatively new statistical methodology. Two key questions arise, as follows:
(a) is reliability a criterion of admissibility of opinion evidence under s 79(1) of the Evidence Act 2008 (the ‘Act’), or is reliability to be assessed in deciding whether the evidence should be excluded (under s 135 or s 137); and
(b) by what criteria is the reliability of expert scientific evidence to be assessed?
The applicant has been charged with aggravated burglary, rape, indecent assault and intentionally causing injury. Expert opinion evidence is to be called at the trial about the analysis of DNA samples from the crime scene and what are said to be the similarities between those samples and a DNA sample provided by the applicant following an unrelated conviction.
The DNA evidence is to be presented in the usual form of a ‘likelihood ratio’.[1] That is, for each DNA sample where the suspect cannot be excluded as a contributor, a ratio is calculated which shows how much more likely it is that the suspect was the source of the DNA (or a contributor to it) than that some other person chosen at random from the population was the source (or a contributor).
[1]See R v Berry (2007) 17 VR 153, 161 [30] (‘Berry’).
In this case, the likelihood ratios have been calculated using a recently-developed software package, known as STRmix, which was introduced into Victoria in March 2013.…
Continue reading Tuite v The Queen
Sign in free to access the full text
- AGLC
- Tuite v The Queen [2015] VSCA 148
- Case
- [2015] VSCA 148
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the trial judge correctly admitted the expert evidence based on a novel statistical methodology for interpreting DNA samples. The Court had to consider the statutory framework under the Evidence Act 2008, particularly sections 79(1) and 137, which govern the admissibility of opinion evidence and the balancing of probative value against the risk of unfair prejudice. Additionally, the Court needed to interpret the term 'specialised knowledge' to determine if there was an implied requirement for evidentiary reliability and whether this knowledge must be accepted or established within the relevant field.
The Court held that the trial judge's decision to admit the expert evidence was open, meaning it was a permissible conclusion given the circumstances. The Court found that the statistical methodology, while new, was based on sound principles and had been appropriately validated. It also noted that the probative value of the evidence outweighed any danger of unfair prejudice. The Court applied the principles from Honeysett v The Queen, clarifying that 'specialised knowledge' does not necessarily require the field of knowledge to be universally accepted, as long as it is based on good grounds. The Court distinguished the Daubert test, emphasising that Australian law does not require an implied evidentiary reliability threshold.
The appeal was dismissed, affirming the lower court's decision to admit the expert forensic evidence. The Court's ruling underscored the importance of the context and validation of new statistical methodologies in forensic science, affirming the trial judge's exercise of discretion in admitting the evidence.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.