JW v Detective Sergeant Karol Blackley & Anor [2007] NSWSC 799

Reported Decision : 172 A Crim R 483

New South Wales Supreme Court

CITATION : JW v Detective Sergeant Karol Blackley & Anor [2007] NSWSC 799 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13 July 2007

JUDGMENT DATE : 24 July 2007

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : Summons dismissed with costs.

CATCHWORDS : CRIMINAL LAW – interim order for forensic procedures – plaintiff patient in psychiatric unit – patient in psychiatric unit reports assault and rape by plaintiff – plaintiff incapable person by reason of psychiatric condition – plaintiff unable to consent to forensic procedures – purposes of forensic procedures – purposes of interim orders – statutory limit on use to be made of material obtained from forensic procedures carried out after interim order – no requirement that order specify time, place, or impose time limit on carrying out of forensic procedures – absence of interview friend or legal representative – premature application to Supreme Court

LEGISLATION CITED : Crimes (Forensic Procedures) Act 2000 Supreme Court Act 1970

CASES CITED : Kerr v Commissioner of Police (NSW) [2001] NSWSC 637 Orban v Bayliss [2004] NSWSC 428

JW (Plaintiff) PARTIES : Detective Sergeant Karol Blackley (First Defendant) His Honour Magistrate John Favretto (Second Defendant)

FILE NUMBER(S) : SC 11708 of 2007

C Loukas (Plaintiff) COUNSEL : P Saidi (First Defendant) Submitting appearance (Second Defendant)

Legal Aid Commission (Plaintiff) SOLICITORS : I V Knight Crown Solicitor (First Defendant) I V Knight Crown Solicitor (Second Defendant)