Police v AH [2008] NSWLC 6

Police v AH [2008] NSWLC 6

The only information linking the respondent to the offences was anonymous hearsay that the respondent had been overheard claiming responsibility. There was no identified source, no direct admission to the source, no observations of the respondent around the time of the offence, no corroborating injury evidence, and no demonstrated investigation into the allegation. Having regard to the source and content of the information, it lacked sufficient probative value and established no more than a mere possibility of involvement. The Court was therefore not satisfied on the balance of probabilities that the respondent was a "suspect" within the Crimes (Forensic Procedures) Act 2000, and the...

Jurisdiction
Australia
Judgment Date
02 May 2008
Procedural Posture
Application Under the Crimes (forensic Procedures) Act 2000 for an Order Authorising a Forensic Procedure on a Juvenile / Opposed Application in the Children's Court
Outcome
Application refused.
Legal Topics
['buccal Swab' 'dna Evidence' 'suspect' 'suspicion on Reasonable Grounds' 'juvenile Respondent']
['criminal Law' 'forensic Procedures' "children's Criminal Proceedings"] ['buccal Swab' 'dna Evidence' 'suspect' 'suspicion on Reasonable Grounds' 'juvenile Respondent']

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Procedural Posture

Application Under the Crimes (forensic Procedures) Act 2000 for an Order Authorising a Forensic Procedure on a Juvenile / Opposed Application in the Children's Court

Legal Issues

  1. 1 ['Whether the respondent was a "suspect" within the meaning of the Crimes (Forensic Procedures) Act 2000.' 'Whether the applicant police officer had reasonable grounds for suspecting that the respondent committed offences contrary to sections 33 or 35 of the Crimes Act 1900.' 'Whether anonymous hearsay information that the respondent had been overheard admitting involvement had sufficient probative value to ground a reasonable suspicion.' 'Whether an order authorising a buccal swab could be made under section 24 of the Crimes (Forensic Procedures) Act 2000.']

Ratio Decidendi

The only information linking the respondent to the offences was anonymous hearsay that the respondent had been overheard claiming responsibility. There was no identified source, no direct admission to the source, no observations of the respondent around the time of the offence, no corroborating injury evidence, and no demonstrated investigation into the allegation. Having regard to the source and content of the information, it lacked sufficient probative value and established no more than a mere possibility of involvement. The Court was therefore not satisfied on the balance of probabilities that the respondent was a "suspect" within the Crimes (Forensic Procedures) Act 2000, and the...

Court Disposition

Application refused.

Orders

  • ['The application is refused.']