Ear-Print Evidence
| Author | Claire Morris |
| DOI | 10.1350/jcla.2008.72.6.532 |
| Published date | 01 December 2008 |
| Date | 01 December 2008 |
Court of Appeal
Ear-print Evidence
R v Kempster [2008] EWCA Crim 975
Keywords
Ear print; Expert evidence; Jury direction on scientific evid-
ence; Developments in forensic science
The appellant (hereafter K) was convicted in 2001 of three counts of
burglary and one count of attempted burglary on the house of an elderly
lady. He was sentenced to 10 years on each count of burglary and five
years for the count of attempted burglary; all sentences to run con-
currently. At trial, expert evidence was adduced that suggested that an
ear print recovered in the proximity of a forced open window used to
gain entry to the property matched that of K. It was further claimed that
no two ears left the same print.
K’s first appeal was dismissed in 2003 ([2003] EWCA Crim 3555,
(2004) 68 JCL 201). K then applied to the Criminal Cases Review
Commission who referred the convictions and sentence back to the
Court of Appeal under s.23 of the Criminal Appeal Act 1995 on the
grounds that there was a ‘real possibility’ of success were...
Ear-print Evidence
R v Kempster [2008] EWCA Crim 975
Keywords
Ear print; Expert evidence; Jury direction on scientific evid-
ence; Developments in forensic science
The appellant (hereafter K) was convicted in 2001 of three counts of
burglary and one count of attempted burglary on the house of an elderly
lady. He was sentenced to 10 years on each count of burglary and five
years for the count of attempted burglary; all sentences to run con-
currently. At trial, expert evidence was adduced that suggested that an
ear print recovered in the proximity of a forced open window used to
gain entry to the property matched that of K. It was further claimed that
no two ears left the same print.
K’s first appeal was dismissed in 2003 ([2003] EWCA Crim 3555,
(2004) 68 JCL 201). K then applied to the Criminal Cases Review
Commission who referred the convictions and sentence back to the
Court of Appeal under s.23 of the Criminal Appeal Act 1995 on the
grounds that there was a ‘real possibility’ of success were...
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