The case confirms that the Bunning v Cross discretionary framework applies to evidence seized without a search warrant where the officer mistakenly believed a common law power existed, and that the subsequent obtaining of a valid warrant on the same day is a relevant factor weighing against exclusion. An inadvertent reference by a prosecution witness to an accused as 'an offender' on a national DNA database does not necessarily require discharge of the jury, particularly where the reference received no prominence, no details of any offence were given, and significant time elapsed before deliberations.
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