NSW Caselaw
New South Wales Supreme Court
CITATION : Orban v Bayliss [2004] NSWSC 428 HEARING DATE(S) : 5 April 2004 JUDGMENT DATE : 31 May 2004
JUDGMENT OF : Simpson J DECISION : (i) appeal allowed, order of magistrate set aside; (ii) matter remitted to the Local Court for re-determination in accordance with these reasons.
CATCHWORDS : appeal against decision of a Local Court magistrate - order to supply a buccal swab and hair sample to police - circumstances authorising forensic procedure - Crimes (Forensic Procedures) Act, s23, 24, 25 and others - plaintiff a suspect - reasonable grounds to believe that the plaintiff had committed a prescribed offence - reasonable grounds to believe that the forensic procedure might produce relevant evidence - is procedure justified in all the circumstances - nature of evidence required in application - questions involved in determination LEGISLATION CITED : Crimes (Forensic Procedures) Act 2000, s3, ss22 - 26, s115A Crimes (Local Courts Appeal and Review) Act 2001, s52(1), s53(1), s55(2)(c) PARTIES : Steven Orban - Plaintiff Brendan Bayliss - Defendant FILE NUMBER(S) : SC 10469/04 COUNSEL : Ms L McSpeddin - Plaintiff Mr HC Bell (Sol) - Defendant SOLICITORS : Jenny Bull - Plaintiff Michael North Holmes - Defendant
LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Betts LCM JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
SIMPSON J
Monday 31 May 2004
10469/04 Steven ORBAN v Brendan BAYLISS
JUDGMENT 1 HER HONOUR:
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