The Queen v. D.A.

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The complainant, a 32-year-old nurse, woke up to the sound of someone breaking into her house in the early hours. She screamed and struggled for 20 minutes as the perpetrator attempted to have sexual intercourse with her, eventually succeeding. The victim managed to call the police as the perpetrator was masturbating, which caused the perpetrator to flee the scene. The accused, who was 16 years old at the time of the offense, pleaded not guilty to having sexual intercourse with the victim without the victim’s consent while knowing or being reckless as to the lack of consent. DNA tests revealed a match between the DNA of the perpetrator and the sperm found in the victim. The accused challenged the admissibility of the DNA test, arguing that he did not properly consent to the test. The court held that the benefit the public would gain from admitting the DNA evidence outweighed any undesirability of admitting the evidence, such as encouraging improper police conduct. Accordingly, the evidence was ruled admissible.



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