R v Warwick (No.9) [2018] NSWSC 510

R v Warwick (No.9) [2018] NSWSC 510

Because the tests sought were no longer performed by the NSW Forensic and Analytical Science Service, were said not to be performed elsewhere in Australia, no accredited international laboratory had been identified, and the accused did not press the order, the Notice of Motion should be dismissed rather than left on foot.

Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Criminal Procedure / Notice of Motion Seeking an Order That the Crown Undertake Further Testing of Exhibits for Protein Markers
Outcome
Notice of Motion dismissed
Legal Topics
['forensic Testing' 'protein Markers' 'notice of Motion']
['criminal Procedure'] ['forensic Testing' 'protein Markers' 'notice of Motion']

Case Brief

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Procedural Posture

Criminal Procedure / Notice of Motion Seeking an Order That the Crown Undertake Further Testing of Exhibits for Protein Markers

Legal Issues

  1. 1 ['Whether the Court should order the Crown to undertake further testing of exhibits for protein markers where the testing sought is no longer performed at the NSW Forensic and Analytical Science Service, is said not to be performed in any other Australian jurisdiction, and no accredited international laboratory has been identified.']

Ratio Decidendi

Because the tests sought were no longer performed by the NSW Forensic and Analytical Science Service, were said not to be performed elsewhere in Australia, no accredited international laboratory had been identified, and the accused did not press the order, the Notice of Motion should be dismissed rather than left on foot.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion of 11 April 2018, which refers to further testing for protein markers, is dismissed.']