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Anna Davey - Forensic Foundations Pty Ltd, ANZFSS National Council - From Collection to Court
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Anna Davey - Forensic Foundations Pty Ltd, ANZFSS National Council - From Collection to Court

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Anna Davey, Director, Forensic Foundations Pty Ltd, Member - ANZFSS National Council presented this at the 2nd Annual Forensic Nursing Conference. ...

Anna Davey, Director, Forensic Foundations Pty Ltd, Member - ANZFSS National Council presented this at the 2nd Annual Forensic Nursing Conference.

This is the only national even of its kind promoting research and leadership for Australia's Forensic Nursing Community. The program addresses future training of forensic nursing examiners, forensic mental health consmers, homicide and its aftermath, ethical dilemmas in clinical forensic medicine, child sexual abuse, providing health care to indigenous patients in the forensic arena and more.

To find out more about this conference, please visit http://www.healthcareconferences.com.au/forensicnursing

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    Anna Davey - Forensic Foundations Pty Ltd, ANZFSS National Council - From Collection to Court Anna Davey - Forensic Foundations Pty Ltd, ANZFSS National Council - From Collection to Court Presentation Transcript

    • From Collection to Court Anna Davey Director, Forensic Foundations Council Member, ANZFSS ©2014 1
    • The investigative/legal process Examination & collection ©2014 Analysis & Interpretation Court proceedings 2
    • Examination & Collection ©2014 Analysis & Interpretation Admissibility barrier The investigative/legal process Court proceedings 3
    • Examination & Collection ©2014 Analysis & Interpretation Admissibility barrier The investigative/legal process Court proceedings Criminal level of proof = beyond reasonable doubt 4
    • Benchmarks for crime scene examination • • • • • • • ©2014 Initial assessment of the crime scene; Control of the crime scene; Examination of the crime scene; Interpretation of the evidence; Recording of the crime scene; Item collection; and Case management. 5
    • Benchmarks for crime scene examination Initial assessment Control Examination Recording Collection ©2014
    • ©2014
    • AS 5388 Suite of standards • AS 5388.1 Forensic Analysis – Recognition, recording, recovery, transport and storage of material • AS 5388.2 Forensic Analysis – Analysis and examination of material • AS 5388.3 Forensic Analysis - Interpretation • AS 5388.4 Forensic Analysis – Reporting • AS 5483 Minimizing the risk of contamination in products used to collect and analysis biological material for forensic DNA purposes ©2014 8
    • AS 5388.1 Forensic Analysis – Recognition, recording, recovery, transport and storage of material The principal focus of the document is the crime scene. That crime scene may be the actual location where the crime took place or a secondary location such as a car or dwelling or any other object which may yield physical material of value to the investigation or any subsequent judicial process. Persons involved in crime, whether perpetrator, witness or victim, may also be possible sources of relevant physical material. ©2014 9
    • Underpinning principles Recognition, collection and subsequent management of physical material shall be undertaken to ensure the following: (a) Recovery is relevant and optimal. (b) The integrity of the physical material is not compromised. (c) The potential for contamination is minimized. (d) Evidence continuity and security is maintained. (e) The potential for analysis is optimized. ©2014 10
    • Systematic approach • • • • 5.2 Contemporaneous notes 5.2.2 Examination plan 5.2.4 Management 6. OH&S (clothing, biological hazards, decontamination) • 7. Recording – Notes, diagrams, photographs ©2014 11
    • Systematic approach • 8. Item Collection The examiner shall— (a) collect the material or a sample of the material that is fit for purpose; (b) collect appropriate control and known samples; (c) minimize possible contamination or cross-contamination of the material collected; (d) avoid examining, collecting or recording material that is not relevant to the investigation, or does not provide relevant information (but see Clause 8.1 above); (e) consider the potential impact of sampling on other physical material of possible interest; and (f) place collected material in appropriate packaging. • 8.4 Collection of material from a person ©2014 12
    • Systematic approach • 8.5 Packaging and labelling of physical material • 9. Item Transport, storage and security – Documentation – Continuity – Storage ©2014 13
    • Touch DNA A search of the relevant literature indicates that: • It is often not possible to determine the cellular origin of small quantities of DNA located on objects. • DNA can be transferred to an object by as little as a 10 second touch. • Secondary DNA transfer i.e. from the first touched object to a second object is possible. • There is significant ‘between’ and ‘within’ donor variation with respect to the transfer of trace DNA. • The transfer of DNA is complex. • One study of 50 trace DNA casework samples showed “(t)here was no evidence of a linear relationship between the time delay and quantity of DNA recovered...” Experimental work which formed a part of this study demonstrated that the amount of DNA from cellular material deposited on known surfaces and left undisturbed decreased to zero over a four week period. © 2014 14
    • AS 5388.3 Forensic Analysis - Interpretation Information = results Information + interpretation = opinion ©2014 15
    • ©2014 16
    • In short, if evidence tendered as expert opinion evidence is to be admissible, • it must be agreed or demonstrated that there is a field of ‘specialised knowledge’; • there must be an identified aspect of that field in which the witness demonstrates that by reason of specific training, study or experience, the witness has become an expert; • the opinion proffered must be ‘wholly or substantially based on the witness’s expert knowledge; • so far as the opinion is based on facts ‘observed’ by the expert, they must be identified and admissibility proved by the expert, and so far as opinions based on ‘assumed’ or ‘accepted’ facts, they must be identified and proved in some other way; • It must be established that the facts on which the opinion is based form a proper foundation for it; and • The opinion of an expert requires demonstration or examination of the scientific or other intellectual basis of the conclusions reached: that is the expert’s evidence must explain how the field of ‘specialised knowledge’ in which the witness is expert by reason of ‘training, study or experience’, and on which the opinion is ‘wholly or substantially based’ applies to the facts assumed or observed so as to produce the opinion propounded. If all these matters are not made explicit, it is not possible to be sure whether the opinion is based wholly or substantially on the expert’s specialised knowledge. If the court cannot be sure of that, the evidence is strictly speaking not admissible, and, so far as it is admissible, of diminished weight. • Heydon JA Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 ©2014 17
    • AS 5388.4 Forensic Analysis – Reporting • Fit for purpose • Terminology such that they can be understood by non-specialist • Multiple reports may be issued • Case file review • Issue and control • Contents • Report review • Testimony review ©2014 18
    • Examination & Collection ©2014 Analysis & Interpretation Admissibility barrier The investigative/legal process Court proceedings Criminal level of proof = beyond reasonable doubt 19
    • ©2014 20
    • Dates for 2014 still to be determined ©2014 21