Full Court Minute Books

Case A9/2014

Fitzgerald v. The Queen

Case No.


Case Information

Lower Court Judgment

16/08/2013 Supreme Court of South Australia (Court of Criminal Appeal) (Gray J, Sulan J, Blue J)

[2013] SASCFC 82


Evidence - Identification evidence - DNA evidence - Whether DNA evidence alone is sufficient to establish both presence and participation for purpose of joint enterprise liability in circumstances where no eye witnesses to crimes identified Appellant's presence - Whether reasonable to convict Appellant of murder in circumstances where expert gave evidence that "secondary transfer" of DNA was possible but that scientific understanding of "secondary transfer" was limited.

Short particulars


14/03/2014 Hearing (SLA, Canberra v/link to Adelaide)

27/03/2014 Notice of appeal

22/04/2014 Written submissions (Appellant)

22/04/2014 Chronology (Appellant)

13/05/2014 Written submissions (Respondent)

27/05/2014 Reply

19/06/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

13/08/2014 Judgment  (Judgment summary)