In the Application of Senior Constable Bathgate for an order for the carrying out of a forensic procedure on an untested former offender [2014] NSWLC 4

In the Application of Senior Constable Bathgate for an order for the carrying out of a forensic procedure on an untested former offender [2014] NSWLC 4

Part 7A applies to the Respondent, as all three limbs of s 75A(3) are satisfied and there is no statutory requirement for a conviction for the new offence; thus, the order for the forensic procedure should be made.

Jurisdiction
Australia
Judgment Date
28 January 2014
Procedural Posture
Application for Forensic Procedure Order / First Instance
Outcome
Order made for non-intimate forensic procedure
Legal Topics
['dna Backcapture' 'untested Former Offender' 'application Under Part 7 a Crimes (forensic Procedures) Act 2000']
['criminal Law' 'forensic Procedures'] ['dna Backcapture' 'untested Former Offender' 'application Under Part 7 a Crimes (forensic Procedures) Act 2000']

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Procedural Posture

Application for Forensic Procedure Order / First Instance

Legal Issues

  1. 1 ['Whether the statutory pre-requisites for a forensic procedure order on an untested former offender were satisfied' 'Whether a conviction for the recent offence is necessary under Part 7A Crimes (Forensic Procedures) Act 2000']

Ratio Decidendi

Part 7A applies to the Respondent, as all three limbs of s 75A(3) are satisfied and there is no statutory requirement for a conviction for the new offence; thus, the order for the forensic procedure should be made.

Court Disposition

Order made for non-intimate forensic procedure

Orders

  • ["The Respondent is ordered to attend at Tumut Police Station (arranged with Senior Constable Bathgate or Senior Constable O'Neil) within 7 days and submit to the taking of a hair sample (other than pubic hair) and a self-administered buccal swab."]