JW v Detective Sergeant Karol Blackley & Anor [2007] NSWSC 799

JW v Detective Sergeant Karol Blackley & Anor [2007] NSWSC 799

The summons was dismissed because the Crimes (Forensic Procedures) Act 2000 did not require the interim order to specify a time, place or time limit for the forensic procedures; the absence of an interview friend or legal representative was satisfactorily explained by police efforts and the urgency of preserving fragile DNA evidence; Detective Sergeant Blackley was plainly an investigating police officer and authorised applicant; and, in any event, the application was premature because samples taken under an interim order could not be analysed or used unless and until a final order was made, with any procedural flaw capable of being dealt with as an admissibility issue.

Jurisdiction
Australia
Judgment Date
24 July 2007
Procedural Posture
Summons in the Supreme Court of New South Wales Common Law Division Seeking Relief Under Ss 69 and 75 of the Supreme Court Act 1970 Concerning an Interim Forensic Procedure Order / Hearing of Summons; Dismissed With Costs
Outcome
Summons dismissed with costs.
Legal Topics
['interim Order for Forensic Procedures' 'incapable Person' 'interview Friend or Legal Representative' 'judicial Review of Forensic Procedure Order' 'prematurity' 'admissibility of Forensic Evidence']
['criminal Law' 'forensic Procedures' 'administrative Law'] ['interim Order for Forensic Procedures' 'incapable Person' 'interview Friend or Legal Representative' 'judicial Review of Forensic Procedure Order' 'prematurity' 'admissibility of Forensic Evidence']

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Procedural Posture

Summons in the Supreme Court of New South Wales Common Law Division Seeking Relief Under Ss 69 and 75 of the Supreme Court Act 1970 Concerning an Interim Forensic Procedure Order / Hearing of Summons; Dismissed With Costs

Legal Issues

  1. 1 ['Whether the interim order under s 32 of the Crimes (Forensic Procedures) Act 2000 was void because it failed to specify a time or place for carrying out the forensic procedures.' 'Whether the interim order was void because it failed to specify a time limit for carrying out the forensic procedures.' 'Whether the absence of an interview friend or legal representative when the forensic procedures were carried out invalidated the procedures or justified destruction of the samples.' 'Whether Detective Sergeant Karol Blackley was an authorised applicant for the interim order.' 'Whether the Supreme Court application was premature before confirmation or disallowance of the interim order and before any analysis or use of samples.']

Ratio Decidendi

The summons was dismissed because the Crimes (Forensic Procedures) Act 2000 did not require the interim order to specify a time, place or time limit for the forensic procedures; the absence of an interview friend or legal representative was satisfactorily explained by police efforts and the urgency of preserving fragile DNA evidence; Detective Sergeant Blackley was plainly an investigating police officer and authorised applicant; and, in any event, the application was premature because samples taken under an interim order could not be analysed or used unless and until a final order was made, with any procedural flaw capable of being dealt with as an admissibility issue.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The summons is dismissed with costs.']