Jamieson v Attorney General for NSW [2025] NSWSC 92

Supreme Court New South Wales

Medium Neutral Citation: Jamieson v Attorney General for NSW [2025] NSWSC 92 Hearing dates: 13 December 2024 Date of orders: 24 February 2025 Decision date: 24 February 2025 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: Direct the parties to bring in short minutes of orders to reflect my reasons. Catchwords: EVIDENCE – DNA – application for an inquiry into conviction pursuant to s 78(1) of the Crimes (Appeal and Review) Act – whether s 97(1A) Crimes (Forensic Procedures) Act 2000 precludes or prevents NSW FASS from using information obtained from another jurisdiction for the purpose of DNA testing – order sought pursuant to s 97 of the Crimes (Appeal and Review) Act 2001 – retained biological material – meaning of "DNA testing" Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 7, ss 74, 78, 79, 96, 97, 109 Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2013 (NSW) Crimes (Forensic Procedures) Act 2000 (NSW), s 97, 115 Crimes Act 1900 (NSW) Evidence Act 1995 (Cth), s 138 Police Powers and Responsibilities Act 2000 (Qld), ss 493, 533, sch 6 Police Powers and Responsibilities Regulation 2012 (Qld), r 25, sch 6 Uniform Civil Procedure Rules 2005 (NSW), r 5.3(1) Cases Cited: Attorney-General (Cth) v Huynh [2023] HCA 13 Bangura v Director of Public Prosecutions (NSW) [2020] NSWCA 138 Dacich v Director of Public Prosecutions [2020] NSWSC 1179 GAR v Attorney General for the State of New South Wales (No 3) [2020] NSWCA 179 Jamieson, Elliott & Blessington v R (1992) 60 A Crim R 68 Smethurst v Commissioner of the Australian Federal Police (2020) 272 CLR 177 Category: Principal judgment Parties: Stephen Wayne Jamieson (Plaintiff) Attorney General for NSW (First Defendant) Commissioner of Police for NSW (Second Defendant) Representation: Counsel: R Wilson SC with C O'Neill and S Howell (Plaintiff) G Wright SC with E Jones (Defendants)