Where the prosecution seeks to tender photographs of a body part for jury comparison with a complainant's drawings, expert evidence is required to establish that the body part has distinctive or abnormal features before such comparison evidence has sufficient probative value to survive exclusion under s 137 of the Evidence Act 1995 (NSW). Without such expert evidence, the probative value is so low that the danger of unfair prejudice — that the jury will assume abnormality without evidentiary foundation — mandates exclusion.
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