R v ST
Supreme Court of Victoria
Taylor J
11/08/2022
[2022] VSC 450
Criminal Law — Evidence — Admissibility — DNA results — Likelihood ratios — Forensic samples taken from knife found next to body of the deceased — Likelihood ratios calculated from Australian Caucasian Database and Australian Asian Database — Accused of Burmese descent — No assailants of Caucasian ethnicity — Whether to exclude Database likelihood ratio — Evidence Act 2008 (Vic), ss 55, 137
Criminal Law — Evidence — Admissibility — Relevance — Context evidence — Evidence of an altercation on day prior to the fatal incident — No evidence accused involved in previous altercation — Evidence irrelevant — Evidence of gang violence likely to provoke emotional response in jury — Probative value outweighed by danger of unfair prejudice — Evidence Act 2008 (Vic), ss 55, 137
Read the judgment here.