DNA evidence in criminal trials is irrelevant under s 55(1) of the Evidence Act 2008 (Vic) where the evidence leaves open both inculpatory and exculpatory explanations for the DNA's presence (such as primary deposit versus secondary transfer) between which a jury cannot rationally select without speculation. Individually irrelevant strands of DNA evidence do not become relevant when considered collectively. Even if such evidence possesses some probative value, the 'CSI effect' — the risk that jurors will attribute unwarranted scientific legitimacy to DNA findings — constitutes a danger of unfair prejudice under s 137 that may not be adequately mitigated by judicial directions.
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