Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

10.6. Analysis results
The Act provides that police can only ask a suspect to provide a DNA sample if there are reasonable grounds to
believe that it might produce evidence tending to confirm or disprove that the suspect committed an offence. 949
We sought to review how often DNA analysis produces evidence confirming the suspect committed the offence in
question, and how often it eliminates the suspect from investigation.
In our investigation notice, we asked DAL to provide details of the number of suspect and volunteer samples
analysed, which were received at DAL during the review period. Given that all suspect and volunteer samples are
submitted in relation to the investigation of a particular offence, and sent to DAL for comparison against samples
taken from the relevant crime scene, we wanted to know how many of the cases submitted had been finalised, and
what the results of the comparison were.
DAL advised that for each suspect and volunteer sample received during the review period, the person’s DNA profile
had been derived, put on the database and (where relevant) matched against the appropriate index. 950 However, DAL
could not advise in how many cases it had compared the person profile against the crime scene evidence, or the
results of the comparisons conducted.
10.6.1. Warm links
A warm link occurs where police take a DNA sample from a suspect, and it matches DNA from the crime scene or
victim, as suspected.
Case Study 66
A man in a balaclava and gloves robbed a convenience store in the early hours of the morning. He was armed
with an iron bar, and took $1,200 in cash, 20 packets of cigarettes and the shop assistant’s mobile phone. He
drove off in a stolen car. The shop assistant hit the alarm and contacted police. Police identified a car matching
the description given by the shop assistant, driving well above the speed limit. Police followed the car to a
house where the suspect got out, and dropped a backpack on the footpath. Police arrested the suspect and
took him to the police station. They found the cash and cigarettes in the backpack, and sent the backpack and
the items in it to DAL, for analysis. They also examined the car for fingerprints and DNA. Police took a DNA
sample from the suspect. DAL confirmed that the DNA obtained from the crime scene evidence matched the
DNA profile obtained from the suspect, and he was subsequently convicted. 951
Case Study 67
Police attended an office, which had been broken into. It appeared the offender had scaled a high wall and
broken a glass balcony door to get in, but had not taken anything. Police examining the crime scene located
some blood on the wall, where the offender had broken in, and took a swab for forensic analysis. A short time
later, police arrested a man at a nearby construction site, and police took him to the police station to charge
him with trespass. They decided to take a DNA sample from him, after noticing that he had a small laceration
on his forearm. DAL confirmed that the DNA profile derived from the blood stain matched the profile derived
from the suspect’s DNA sample. The suspect was charged with the break and enter, and the matter is currently
before the courts. 952
Where the victim’s DNA is found on the suspect’s clothes or body, this is also counted as a warm link.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 193