Alessi v SE and Anor [2008] NSWSC 909

New South Wales Supreme Court

CITATION : Alessi v SE and Anor [2008] NSWSC 909

HEARING DATE(S) : 21 August 2008

JUDGMENT DATE : 5 September 2008

JUDGMENT OF : Barr J at 1

1. The order appealed from in the Children's Court is set aside. DECISION : 2. Proceedings are remitted to the Children's Court to be dealt with according to law. 3. The first defendant should pay the plaintiff's costs but should have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS : FORENSIC PROCEDURE - whether reasonable grounds exist to believe that proposed procedure might produce evidence tending to confirm or disprove that suspect committed offence - whether magistrate applied correct test - whether magistrate gave adequate reasons for decision

Crimes (Forensic Procedures) Act 2000, s23, s24, s33, s115A LEGISLATION CITED : Crimes (Appeal and Review) Act 2001, s56(1)(c) , s59(2)(a) Criminal Procedure Act 1986, Part 2 Chapter 4 Suitors' Fund Act 1951

W v Bugden & Anor (2005) 155 A Crim R 416 CASES CITED : Goodrich Aerospace Pty Limited v Arsic [2006] NSWCA 187 Beale v Government Insurance Officer of New South Wales (1997) 48 NSWLR 430 R v McKeough [2003] NSWCCA 385

David Alessi PARTIES : SE Magistrate Terrence Murphy

FILE NUMBER(S) : SC 2008/11774

COUNSEL : L Babb SC (Plaintiff) A Haesler SC (1st Defendant)

SOLICITORS : Crown Solicitor's Office (Plaintiff) Legal Aid Commission (1st Defendant)

LOWER COURT JURISDICTION : Local Court