ACP v Munro [2012] NSWSC 1510

Supreme Court New South Wales

Medium Neutral Citation: ACP v Munro [2012] NSWSC 1510 Hearing dates: 25 July 2012 Decision date: 07 December 2012 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal allowed in part. (2) The order made by the Magistrate on 20 April 2012, insofar as it relates to the second procedure, is set aside. (3) The order made by the Magistrate on 20 April 2012, insofar as it relates to the third procedure, is set aside. (4) Otherwise the summons is dismissed. (5) The first defendant to pay half the costs of the plaintiff. Catchwords: CRIMINAL LAW - procedure - identification and examination of persons - forensic procedure order made under Crimes (Forensic Procedures) Act - conduct of hearing - concise reasons - no failure to consider relevant matters

CRIMINAL LAW - procedure - forensic procedure order - definition of "measurement" - whether photographs of measurements are non-intimate forensic procedures under Crimes (Forensic Procedures) Act

COSTS - whether court has power to order costs in appeals under Part 5 of the Crimes (Appeal and Review) Act 2001 Legislation Cited: Bail Act 1978 Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Forensic Procedures) Act 2000 Law Enforcement (Powers and Responsibilities) Act 2002 Supreme Court Act 1970 Cases Cited: ASIC v Sigalla (No. 6) [2012] NSWSC 83 Broken Hill South Ltd v Commissioner of Taxation (NSW) [1937] HCA 4; (1937) 56 CLR 337 Coffen v Goodhart [2013] NSWSC 1018 Condor Asset Management Pty Ltd v Primestone Developments Pty Ltd [2007] NSWSC 708 Cunningham v Cunningham (No 2) [2012] NSWSC 954 Dickson v Commissioner of Police [1999] NSWSC 1100; (1999) 48 NSWLR 156 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343 ; (2006) 67 NSWLR 402 Director of Public Prosecutions v Smith [2012] NSWSC 281 Leduva Pty Ltd v NM Structural Engineering Pty Ltd [2010] NSWSC 1164 Maviglia v Maviglia [1999] NSWCA 188 Munro v ACP [2012] NSWSC 100 O'Brien v Hutchinson [2012] NSWSC 429 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Qushair v Raffoul [2009] NSWCA 329 Sunter v District Court of New South Wales [2008] NSWCA 313 Category: Principal judgment Parties: ACP (P) Detective Sergeant Siobhan Munro (D1) The Local Court of New South Wales (D2) Representation: Counsel: H Dhanji SC (P) N Adams SC, J Davidson (D1) Solicitors: Armstrong Legal (P) Crowns Solicitor's Office (D1) File Number(s): 2012/126666 Publication restriction: Nothing that would identify the plaintiff: s 43 Crimes (Forensic Procedure) Act 2000 Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-04-20 00:00:00 Before: Kok LCM