There is no threshold test in Australian law requiring a pre-trial hearing to determine whether a testing laboratory substantially performed scientifically accepted tests before DNA evidence may be admitted. Once DNA profiling evidence satisfies the standard admissibility requirements for expert evidence (relevance, recognised field of knowledge, qualified expert), conflicts between experts as to the reliability of procedures are for the jury to resolve, not the trial judge. The People v Castro approach does not reflect Australian law. The discretion to exclude evidence where prejudicial effect outweighs probative value does not extend to excluding admissible expert evidence merely because it is contested or complex; the appropriate remedy is jury direction.
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