L v Lyons & anor; B and S v Lyons & anor [2002] NSWSC 1199

L v Lyons & anor; B and S v Lyons & anor [2002] NSWSC 1199

Applications under the Crimes (Forensic Procedures) Act 2000 do not amount to 'criminal proceedings' within the meaning of the Children (Criminal Proceedings) Act 1987 or for the purposes of the Evidence Act 1995. Accordingly, related safeguards about the admissibility of admissions and hearsay do not apply to these proceedings. The Magistrate was entitled to admit the composite factual evidence as sufficient to satisfy the statutory preconditions for granting the forensic procedure orders, and gave adequate reasons for her decision. No error of law was established.

Jurisdiction
Australia
Judgment Date
13 December 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; orders of the Local Court confirmed; originating summonses dismissed with costs.
Legal Topics
["children's Rights" 'admissibility of Evidence' 'forensic Procedures' 'application of Hearsay Rules' 'statutory Interpretation']
['criminal Law' 'evidence' 'forensic Procedure'] ["children's Rights" 'admissibility of Evidence' 'forensic Procedures' 'application of Hearsay Rules' 'statutory Interpretation']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether applications under the Crimes (Forensic Procedures) Act 2000 (NSW) involve 'criminal proceedings' for the purposes of the Children (Criminal Proceedings) Act 1987 (NSW) and Part 3.2 of the Evidence Act 1995 (NSW)" 'Whether hearsay and confessional evidence was improperly admitted' 'Whether the Local Court Magistrate failed to consider or apply statutory preconditions for non-intimate forensic procedures against children under s 25 Crimes (Forensic Procedures) Act' 'Whether the Magistrate gave adequate reasons for her decision']

Ratio Decidendi

Applications under the Crimes (Forensic Procedures) Act 2000 do not amount to 'criminal proceedings' within the meaning of the Children (Criminal Proceedings) Act 1987 or for the purposes of the Evidence Act 1995. Accordingly, related safeguards about the admissibility of admissions and hearsay do not apply to these proceedings. The Magistrate was entitled to admit the composite factual evidence as sufficient to satisfy the statutory preconditions for granting the forensic procedure orders, and gave adequate reasons for her decision. No error of law was established.

Court Disposition

Appeal dismissed; orders of the Local Court confirmed; originating summonses dismissed with costs.

Orders

  • ['In each of proceedings 10625/02 and 10640/02 the appeal is dismissed; the orders of the Local Court are confirmed; and the originating summons is dismissed with costs.']