R v Farrell [2024] NSWDC 547

R v Farrell [2024] NSWDC 547

The DNA evidence is excluded because there were serious failures to comply with multiple statutory safeguards under the Crimes (Forensic Procedures) Act 2000 (NSW): the applicant did not receive informed consent advice; his refusal to consent was not appropriately handled; an interview friend was not present; and there was no meaningful waiver of rights. The gravity of the failures and the vulnerability of the applicant mean the desirability of admitting the evidence does not outweigh the undesirability of admission.

Parties
Crown: Rex; Accused: Ethan Farrell
Jurisdiction
Australia
Judgment Date
09 October 2024
Procedural Posture
Criminal / Procedural Ruling on Admissibility of DNA Evidence
Outcome
Application granted; DNA evidence excluded
Legal Topics
Admissibility of Forensic Evidence, Informed Consent, Legislative Safeguards for Vulnerable Persons, Breach of Statutory Procedures, Balancing Test for Admissibility
Criminal Law Evidence Law Police Powers Admissibility of Forensic Evidence Informed Consent Legislative Safeguards for Vulnerable Persons Breach of Statutory Procedures Balancing Test for Admissibility

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Parties

Rex

Crown

Ethan Farrell

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of DNA Evidence

Legal Issues

  1. 1 Whether there was compliance with Crimes (Forensic Procedures) Act 2000 (NSW) in obtaining consent for a forensic procedure from an Aboriginal suspect in custody
  2. 2 Whether failure to comply with statutory requirements requires exclusion of DNA evidence under s 82
  3. 3 Whether any waiver of rights was made with full knowledge and understanding

Ratio Decidendi

The DNA evidence is excluded because there were serious failures to comply with multiple statutory safeguards under the Crimes (Forensic Procedures) Act 2000 (NSW): the applicant did not receive informed consent advice; his refusal to consent was not appropriately handled; an interview friend was not present; and there was no meaningful waiver of rights. The gravity of the failures and the vulnerability of the applicant mean the desirability of admitting the evidence does not outweigh the undesirability of admission.

Court Disposition

Application granted; DNA evidence excluded

Orders

  • Pursuant to s 82 of the Crimes (Forensic Procedures) Act 2000, the DNA evidence relating to the sample taken from the applicant while he was in custody on 22 November 2023 is excluded.