MB v R [2019] NSWDC 58
There were reasonable grounds to believe MB committed the break enter and steal offence on 26 October 2018, and the requirements of section 24 Crimes (Forensic Procedures) Act 2000 were satisfied, justifying the forensic procedure. Appeal dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 14 March 2019
- Procedural Posture
- Criminal Appeal / Appeal From Local Court—re Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- ['forensic Procedures' 'appeals' 'young Person' 'dna Evidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal From Local Court—re Hearing
Legal Issues
- 1 ['Whether there are reasonable grounds to believe MB committed the offence for the purpose of ordering a forensic procedure' 'Whether the non-intimate forensic procedure (buccal swab) is justified under section 24 of the Crimes (Forensic Procedures) Act 2000']
Ratio Decidendi
There were reasonable grounds to believe MB committed the break enter and steal offence on 26 October 2018, and the requirements of section 24 Crimes (Forensic Procedures) Act 2000 were satisfied, justifying the forensic procedure. Appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed']
Full Case Text
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