R v Rekhviashvili: separate packages of drugs

The first criminal case for the year has been handed down by the Court of Appeal. R v Rekhviashvili considered the operation of provisions which allow different drugs (or different types or purities of the same drug) to be added together for the purposes of calculating traffickable quantities under s 70 of the Drugs, Poisons …

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DNA evidence and the prosecutor's fallacy

Edit: Although not limited to the US, some of the most glaring applications of the prosecutor's fallacy have occurred there. It's a problem that continues, with the US Supreme Court having just had to decide another case (McDaniel v Brown [2010] USSC No 08-559) where an expert on behalf of the State used the traditional …

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DNA evidence and the prosecutor’s fallacy

Edit: Although not limited to the US, some of the most glaring applications of the prosecutor's fallacy have occurred there. It's a problem that continues, with the US Supreme Court having just had to decide another case (McDaniel v Brown [2010] USSC No 08-559) where an expert on behalf of the State used the traditional …

Continue reading DNA evidence and the prosecutor’s fallacy

Section 138: Discretion to exclude

New arrivals to the arena of criminal law are sometimes surprised to learn that evidence which is improperly or unlawfully obtained by investigators is not — for that reason alone — inadmissible.Historically, the default position has been that relevant evidence is admissible unless made inadmissible by statute or an exclusionary rule of evidence. The touchstone …

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