Dogan v Quayle [2011] NSWSC 143

Dogan v Quayle [2011] NSWSC 143

The Court declined to vary the magistrate's order requiring Mr Dogan to attend for a forensic photograph because Mr Dogan had not been given notice of the defendant's application for such variation, and it would be inappropriate to make such an order without that notice.

Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Criminal Appeal / Application for Variation of Magistrate's Order/refusal of Variation
Outcome
No order
Legal Topics
['forensic Procedures' 'appeal Procedure' "variation of Magistrate's Order" 'notice Requirements']
['criminal Law' 'criminal Procedure'] ['forensic Procedures' 'appeal Procedure' "variation of Magistrate's Order" 'notice Requirements']

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Procedural Posture

Criminal Appeal / Application for Variation of Magistrate's Order/refusal of Variation

Legal Issues

  1. 1 ["Whether the Court should vary a magistrate's order requiring a suspect to attend a police station to be photographed under s 55(2)(b) of the Crimes (Appeal and Review) Act 2001 where no notice of application to vary has been given to the suspect" 'Whether relief should be granted where the applicant has not prosecuted the appeal and has left the jurisdiction']

Ratio Decidendi

The Court declined to vary the magistrate's order requiring Mr Dogan to attend for a forensic photograph because Mr Dogan had not been given notice of the defendant's application for such variation, and it would be inappropriate to make such an order without that notice.

Court Disposition

No order

Orders

  • []