DNA evidence from mixed profiles that can only exclude certain persons but cannot positively identify the accused may be excluded in the court's discretion where the inference that the DNA was left by the perpetrator is weak and tenuous, and there is an unacceptable danger of jury misuse given community perceptions of DNA accuracy. Where the Crown relies on an intermediate fact (that DNA was left by the perpetrator) as an indispensable link in a chain of reasoning towards guilt, that intermediate fact must be proved beyond reasonable doubt.
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