When assessing the admissibility of DNA evidence under s 137 of the Evidence Act 1995 (NSW), a trial judge must assess the evidence on the basis of its capacity to advance the prosecution case, not its weight or reliability. Issues of continuity of possession, contamination, and secondary transfer of DNA are matters for the jury, not the judge on the question of admissibility. The scientific nature of DNA evidence does not of itself establish unfair prejudice under s 137.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.