Jamieson v Attorney General for NSW [2025] NSWSC 92

Jamieson v Attorney General for NSW [2025] NSWSC 92

Section 97 of the Crimes (Forensic Procedures) Act 2000 does not preclude the NSW Forensic & Analytical Science Service from using Mr Wells' DNA profile for DNA testing under s 97 of the Crimes (Appeal and Review) Act. Section 97 of the Crimes (Appeal and Review) Act applies to Mr Wells' DNA profile and permits the testing sought by Mr Jamieson. Section 97(8)(a) does not preclude provision of results relating to individuals other than Mr Jamieson in the circumstances, as Mr Wells' identity is already known in connection with the offence. A compliance order should be made requiring the Commissioner of Police to comply with Mr Jamieson's request.

Parties
Plaintiff: Stephen Wayne Jamieson; First Defendant: Attorney General for NSW; Second Defendant: Commissioner of Police for NSW
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Principal Judgment / Application for Inquiry and Compliance Order Under S 97 of the Crimes (appeal and Review) Act
Outcome
Directed parties to bring in short minutes of orders to reflect reasons; compliance order to be made under s 97(5) of Crimes (Appeal and Review) Act.
Legal Topics
DNA Evidence, Criminal Appeals, Inquiries Into Conviction, Interpretation of Statutory Restrictions on Forensic Testing, Disclosure of Forensic Results, Post Conviction Review
Criminal Law Evidence DNA Evidence Criminal Appeals Inquiries Into Conviction Interpretation of Statutory Restrictions on Forensic Testing Disclosure of Forensic Results Post Conviction Review

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Parties

Stephen Wayne Jamieson

Plaintiff

Attorney General for NSW

First Defendant

Commissioner of Police for NSW

Second Defendant

Procedural Posture

Principal Judgment / Application for Inquiry and Compliance Order Under S 97 of the Crimes (appeal and Review) Act

Legal Issues

  1. 1 Whether s 97(1A) of the Crimes (Forensic Procedures) Act 2000 precludes use of interstate DNA information for testing under s 97 of the Crimes (Appeal and Review) Act
  2. 2 Whether s 97 of the Crimes (Appeal and Review) Act applies to the DNA profile information held by the Commissioner of Police
  3. 3 Whether testing requested constitutes 'DNA testing' of 'retained biological material' under s 97

Ratio Decidendi

Section 97 of the Crimes (Forensic Procedures) Act 2000 does not preclude the NSW Forensic & Analytical Science Service from using Mr Wells' DNA profile for DNA testing under s 97 of the Crimes (Appeal and Review) Act. Section 97 of the Crimes (Appeal and Review) Act applies to Mr Wells' DNA profile and permits the testing sought by Mr Jamieson. Section 97(8)(a) does not preclude provision of results relating to individuals other than Mr Jamieson in the circumstances, as Mr Wells' identity is already known in connection with the offence. A compliance order should be made requiring the Commissioner of Police to comply with Mr Jamieson's request.

Court Disposition

Directed parties to bring in short minutes of orders to reflect reasons; compliance order to be made under s 97(5) of Crimes (Appeal and Review) Act.

Orders

  • Order for compliance under s 97(5): Commissioner of Police to comply with Mr Jamieson's request and arrange for DNA comparison testing as specified.
  • Order for provision of DNA testing results, including certificates and interpretations, to Mr Jamieson subject to necessary redactions under s 97(8)(a).