Police v RH [2013] NSWChC 7

Police v RH [2013] NSWChC 7

The Young Person's proven presence inside the Duchess Close premises, established by fingerprint evidence and his guilty plea, gave rise to reasonable grounds to believe that the unknown DNA found there may have been his. Because that DNA profile matched profiles from the two other linked break, enter and steal scenes, there were reasonable grounds to believe he was a suspect in those offences and that a self-administered buccal swab might produce evidence tending to confirm or disprove his involvement. Balancing the s 24(4) factors, including the seriousness of the offences, the Young Person's age and Aboriginal background, the lack of less intrusive practicable alternatives, and the...

Jurisdiction
Australia
Judgment Date
05 December 2013
Procedural Posture
Criminal Forensic Procedure Application / Application for a Final Order Authorising a Non Intimate Forensic Procedure
Outcome
Application granted
Legal Topics
['forensic Procedure Application' 'dna Evidence' 'self Administered Buccal Swab' 'reasonable Grounds to Believe Suspect Committed Offence' 'dna Scene to Scene Link Analysis']
['criminal Law' "children's Law"] ['forensic Procedure Application' 'dna Evidence' 'self Administered Buccal Swab' 'reasonable Grounds to Believe Suspect Committed Offence' 'dna Scene to Scene Link Analysis']

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Procedural Posture

Criminal Forensic Procedure Application / Application for a Final Order Authorising a Non Intimate Forensic Procedure

Legal Issues

  1. 1 ["Whether there were reasonable grounds to believe that the Young Person's DNA was found at the Duchess Close premises." 'Whether DNA scene to scene link analysis could support reasonable grounds to believe that the Young Person was a suspect in two linked break, enter and steal offences.' 'Whether carrying out a self-administered buccal swab was justified in all the circumstances under s 24(4) of the Crimes (Forensic Procedures) Act 2000.']

Ratio Decidendi

The Young Person's proven presence inside the Duchess Close premises, established by fingerprint evidence and his guilty plea, gave rise to reasonable grounds to believe that the unknown DNA found there may have been his. Because that DNA profile matched profiles from the two other linked break, enter and steal scenes, there were reasonable grounds to believe he was a suspect in those offences and that a self-administered buccal swab might produce evidence tending to confirm or disprove his involvement. Balancing the s 24(4) factors, including the seriousness of the offences, the Young Person's age and Aboriginal background, the lack of less intrusive practicable alternatives, and the...

Court Disposition

Application granted

Orders

  • ['The application for the taking of a self-administered buccal swab is granted.' 'The Young Person is to provide such swab within 21 days.']