Helen Maguire v Jason Beaton [2005] NSWSC 1241

Reported Decision : 162 A Crim R 21

New South Wales Supreme Court

CITATION : Helen Maguire v Jason Beaton [2005] NSWSC 1241

HEARING DATE(S) : 9 May 2005

JUDGMENT DATE : 11 May 2005

JUDGMENT OF : Latham J

DECISION : Declaration that the Magistrate erred in law in making an order providing for a non-intimate forensic procedure, namely the taking of the plaintiff's fingerprints and palm prints; The order made by the Magistrate is set aside; Declaration that insufficient evidence exists to allow for the making of an order pursuant to s 24 of the Crimes (Forensic Procedures) Act against the plaintiff; The respondent's undertaking that the plaintiff's costs of this application will be met is noted.

CATCHWORDS : Non-intimate forensic procedure - whether plaintiff a "suspect" - reasonable grounds for suspicion.

Crimes (Forensic Procedures) Act 2000 LEGISLATION CITED : Crimes (Local Courts Appeal and Review) Act 2001

Regina v Rondo [2001] NSW CCA 540 CASES CITED : Orban v Bayliss (2004) NSW SC 428

Plaintiff - Helen Maguire PARTIES : Defendant - Jason Beaton

FILE NUMBER(S) : SC 10051/04

Plaintiff - R Wilson COUNSEL : Defendant - H Bell

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

LATHAM J

11 MAY 2005

10051/04 HELEN MAGUIRE v JASON BEATON

JUDGMENT

1 LATHAM J: By amended summons filed in court on 10 May 2005 the plaintiff seeks a declaration that the Magistrate erred in law in making an order for a non-intimate forensic procedure, namely, the taking of the plaintiff's fingerprints and palm prints and an order setting aside the order of the Magistrate. 2 The plaintiff further seeks a declaration that insufficient evidence exists to allow for the making of such an order pursuant to section 24 of the Crimes (Forensic Procedures) Act 2000. In the alternative the plaintiff seeks an order remitting the matter to the Magistrate for determination in accordance with a direction from this Court. 3 Further, or in the alternative, the plaintiff seeks leave to appeal against the order on the grounds that the Magistrate erred in fact or erred on a question of mixed fact and law. 4 The provisions of the Crimes (Forensic Procedures) Act, (hereinafter referred to as the Act) which are relevant to this matter are set out below: "suspect" relevantly means: "A person whom a police officer suspects on reasonable grounds has committed an offence."