NSW Caselaw
Reported Decision : 155 A Crim R 416
New South Wales Supreme Court
CITATION : WALKER v. BUDGEN [2005] NSWSC 898
HEARING DATE(S) : Thursday 4 August 2005
JUDGMENT DATE : 7 September 2005
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : (a) grant leave to appeal; (b) that the order of the second defendant made on 16 March 2005 be vacated; (c) that the matters be remitted to the learned magistrate for re-determination according to law; (d) that the learned magistrate consider the matter set out in s.25(f) and (g) of the Crimes (Forensic Procedures) Act 2002.
CATCHWORDS : Forensic procedure on a suspect - non-intimate buccal swab - aggravated robbery - offence occurred at the victim's home - no DNA evidence from crime scene - procurement of evidence against a person who is already a suspect - reasonable grounds to believe the suspect committed teh relevant offence - affidavit evidence provided factual material to support the belief the plaintiff was a suspect - material placed before a magistrate.
Crimes (Forensic Procedures) Act 2000 (NSW) Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Crimes Act 1900 (NSW) Crimes (Local Courts Appeal & Review) Act 2001
Orban v. Bayliss [2004] NSWSC 428 George v. Rockett (1990) 170 CLR 104 CASES CITED : Parker v. Churchill (1985) 9 FCR 316 Rondo (2001) 126 A. Crim. R. 552
WALKER, Eugene v. PARTIES : BUDGEN, Senior Constable Geoffrey & ANOR
FILE NUMBER(S) : SC No. 12072 of 2005
Plaintiff: J. Stratton, SC. COUNSEL : Defendant: H. Bell
Plaintiff: S. O'Connor SOLICITORS : Defendant: I.V. Knight
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