Police v JW [2007] NSWLC 30

Police v JW [2007] NSWLC 30

The public interest in obtaining evidence in a serious alleged offence outweighs the minimal intrusion on the incapable suspect's physical integrity, especially given the urgent circumstances and despite procedural shortcomings; police attempts to contact support were reasonable, and s24(4) does not extend to reviewing police conduct in making the application but to considering the actual intrusion of the forensic procedure.

Parties
Applicant: Police; Respondent: JW
Jurisdiction
Australia
Judgment Date
23 August 2007
Procedural Posture
Forensic Procedure Application / Final Order Determination
Outcome
final forensic procedure order granted
Legal Topics
Crimes (forensic Procedures) Act 2000, Physical Integrity, Procedure for Incapable Suspects, Retrospectivity of Procedural Law
Criminal Law Forensic Procedures Crimes (forensic Procedures) Act 2000 Physical Integrity Procedure for Incapable Suspects Retrospectivity of Procedural Law

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Parties

Police

Applicant

JW

Respondent

Procedural Posture

Forensic Procedure Application / Final Order Determination

Legal Issues

  1. 1 Whether the making of a final forensic procedures order is justified under s24 of the Crimes (Forensic Procedures) Act 2000
  2. 2 Whether the applicant complied with requirements regarding the presence of an interview friend or lawyer for an incapable suspect
  3. 3 Whether police conduct in making the interim order and carrying out the procedure is relevant to the final order decision

Ratio Decidendi

The public interest in obtaining evidence in a serious alleged offence outweighs the minimal intrusion on the incapable suspect's physical integrity, especially given the urgent circumstances and despite procedural shortcomings; police attempts to contact support were reasonable, and s24(4) does not extend to reviewing police conduct in making the application but to considering the actual intrusion of the forensic procedure.

Court Disposition

final forensic procedure order granted

Orders

  • Order for taking of fingernail scrapings, swabs of the hands and fingers, and photographs of the hands and fingers of JW at Cumberland Hospital on 23 December 2006.