Saad v Jeffcoat [2013] NSWSC 1585

Saad v Jeffcoat [2013] NSWSC 1585

The appeal was dismissed because the Magistrate identified the correct balance of probabilities standard, was not required to repeat it throughout the reasons, and the findings that the plaintiff was a suspect on reasonable grounds and that there were reasonable grounds to believe he had committed the s 7 Firearms Act 1996 offence were reasonably open on the evidence as a whole, even disregarding the factor concerning the plaintiff sharing a bedroom with his brother. Costs followed the dismissal of the appeal because the Court had power to order costs.

Jurisdiction
Australia
Judgment Date
31 October 2013
Procedural Posture
Appeal Against a Local Court Final Order Permitting a Non Intimate Forensic Procedure in the Form of a Buccal Swab Under the Crimes (forensic Procedures) Act 2000 / Supreme Court Appeal From Decision of Truscott Lcm; Leave to Appeal Sought in Relation to Grounds Two and Three
Outcome
Leave to appeal with regard to grounds two and three granted; appeal dismissed; plaintiff ordered to pay the defendant's costs of the appeal.
Legal Topics
['appeal From Orders Under Crimes (forensic Procedures) Act 2000' 'non Intimate Forensic Procedure' 'buccal Swab' 'reasonable Grounds to Suspect' 'reasonable Grounds to Believe' 'unauthorised Possession or Use of Prohibited Firearms or Pistols' 'power to Order Costs']
['criminal Procedure' 'forensic Procedures' 'firearms Offences' 'costs'] ['appeal From Orders Under Crimes (forensic Procedures) Act 2000' 'non Intimate Forensic Procedure' 'buccal Swab' 'reasonable Grounds to Suspect' 'reasonable Grounds to Believe' 'unauthorised Possession or Use of Prohibited Firearms or Pistols' 'power to Order Costs']

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Procedural Posture

Appeal Against a Local Court Final Order Permitting a Non Intimate Forensic Procedure in the Form of a Buccal Swab Under the Crimes (forensic Procedures) Act 2000 / Supreme Court Appeal From Decision of Truscott Lcm; Leave to Appeal Sought in Relation to Grounds Two and Three

Legal Issues

  1. 1 ['Whether the Magistrate erred in law by failing to apply the test required by s 24(1) of the Crimes (Forensic Procedures) Act 2000.' 'Whether the Magistrate erred in finding there were reasonable grounds to believe that the plaintiff was a suspect for the purposes of the Crimes (Forensic Procedures) Act 2000.' 'Whether the Magistrate erred in finding there were reasonable grounds to believe that the plaintiff had committed an offence.' 'Whether the Supreme Court had power to order costs in an appeal of this kind.']

Ratio Decidendi

The appeal was dismissed because the Magistrate identified the correct balance of probabilities standard, was not required to repeat it throughout the reasons, and the findings that the plaintiff was a suspect on reasonable grounds and that there were reasonable grounds to believe he had committed the s 7 Firearms Act 1996 offence were reasonably open on the evidence as a whole, even disregarding the factor concerning the plaintiff sharing a bedroom with his brother. Costs followed the dismissal of the appeal because the Court had power to order costs.

Court Disposition

Leave to appeal with regard to grounds two and three granted; appeal dismissed; plaintiff ordered to pay the defendant's costs of the appeal.

Orders

  • ['Leave to appeal with regard to grounds two and three granted.' 'Appeal dismissed.' 'The plaintiff, Mr Saad, is to pay the costs of the defendant, Detective Senior Constable Jeffcoat, of the appeal.']