R v Bropho: Careful interpretation of DNA evidence required for courtroom decision-making

Abstract

R v Bropho (2004) 36 SR (WA) 328. [2004/ WADC 182, a judgment of the District Court of Western Australia, has highlighted again the need for the careful interpretation of the results of independence testing with regard to DNA interpretation. The ruling is unhelpful in this regard and if implemented will be seriously counter-productive. This article examines the correct approach to the interpretation of these results and attempts to clarify additional ambiguities that may otherwise impact on the appropriate assessment of DNA evidence in Australian courts.