To the exclusion of all others? DNA profile and transfer mechanics—R v Jones (William Francis) [2020] EWCA Crim 1021 (03 Aug 2020)
| Published date | 01 April 2021 |
| Date | 01 April 2021 |
| DOI | http://doi.org/10.1177/13657127211002288 |
| Subject Matter | Articles |
Article
To the exclusion of all others?
DNA profile and transfer
mechanics—RvJones (William
Francis) [2020] EWCA Crim
1021 (03 Aug 2020)
Kyriakos N. Kotsoglou
Northumbria University, Sutherland Building, Newcastle upon Tyne, UK
Carole McCartney
Northumbria University, Sutherland Building, Newcastle upon Tyne, UK
Abstract
This case note deals with doctrinal and inferential issues around the use of DNA in the criminal
process, in particular DNA alone, as a case to answer.
Keywords
adverse inferences, decision-making prerogative, DNA evidence, expert witness fallacy, no
case to answer, procedural space of reasons, unchallenged evidence
Summary of the case
In 2019, the appellant was convicted (by a majority of 11 to 1) on a single-count indictment alleging
conspiracy to possess explosives for an unlawful purpose, pursuant to s. 1(1) of the Criminal Law Act
1977. He was sentenced at the same court (Crown Court at Liverpool) by HHJ Cummings QC to life
imprisonment with a minimum term of 6 years. There were three co-accused jointly tried with the
appellant on the same indictment. Each was found not guilty. All those involved in this dispute came
from, and were residents in, Warrington. All the relevant events took place in Warrington, including the
depositing of the grenade in question. At trial, the prosecution relied on evidence concerning a mobile
phone number which had been in contact, among others, with the mobile phones of the appellant’s co-
accused and which might have provided a physical or temporal link between the device and the
appellant. However, that evidence was abandoned as it could not be made out to the required standard.
The appeal focused primarily upon DNA evidence. Both prosecution and defence instructed DNA
experts—Mr Samuel Walton for the Crown, and Dr Susan Pope for the defence. The experts met and
Corresponding author:
Kyriakos N. Kotsoglou, School of Law, Northumbria University, Sutherland Building, Newcastle upon Tyne NE1 8ST, UK.
E-mail: kyriakos.kotsoglou@northumbria.ac.uk
The International Journalof
Evidence & Proof
2021, Vol. 25(2) 135–140
ªThe Author(s) 2021
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DOI: 10.1177/13657127211002288
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