W4 v Detective Senior Constable Ayscough [2016] NSWSC 1106

W4 v Detective Senior Constable Ayscough [2016] NSWSC 1106

The Magistrate erred in law by failing to consider and articulate whether the forensic procedure was justified in all the circumstances as required by s 75ZC of the Crimes (Forensic Procedures) Act 2000 (NSW), and thus the Local Court's decision must be set aside and remitted for proper determination according to law.

Parties
Plaintiff: W4; Defendant: Detective Senior Constable Rob Ayscough
Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Forensic Procedures, Extension of Time, Child Protection Register, Appeal From Local Court, DNA Testing
Criminal Law Administrative Law Forensic Procedures Extension of Time Child Protection Register Appeal From Local Court DNA Testing

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Parties

W4

Plaintiff

Detective Senior Constable Rob Ayscough

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Magistrate failed to determine that the ordering of the forensic procedure was justified in all the circumstances under s 75ZC of the Crimes (Forensic Procedures) Act 2000 (NSW)
  2. 2 Whether particular matters must be considered in determining justification under s 75ZC
  3. 3 Whether remittal to the Local Court was appropriate

Ratio Decidendi

The Magistrate erred in law by failing to consider and articulate whether the forensic procedure was justified in all the circumstances as required by s 75ZC of the Crimes (Forensic Procedures) Act 2000 (NSW), and thus the Local Court's decision must be set aside and remitted for proper determination according to law.

Court Disposition

Appeal allowed

Orders

  • Time for instituting the appeal is extended to 3 November 2015.
  • The decision of Magistrate Maiden dated 11 June 2015 is set aside.