Where DNA evidence is found in a mixture that includes DNA from a person whose presence can only be explained by innocent transference, a jury cannot properly conclude that the accused's DNA in the same mixture was deposited through criminal conduct rather than innocent transference. The 'CSI effect' — the tendency of jurors to give unwarranted weight to DNA evidence by virtue of its scientific pedigree — is a recognised form of unfair prejudice relevant to the s 137 balancing exercise. House v The King principles apply to review of a trial judge's refusal to certify under s 295(3) of the Criminal Procedure Act 2009.
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