Saad v Jeffcoat [2013] NSWSC 1585

Supreme Court New South Wales

Medium Neutral Citation: Saad v Jeffcoat [2013] NSWSC 1585 Hearing dates: 26 April 2013 Decision date: 31 October 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Leave to appeal with regard to grounds two and three granted. (2) Appeal dismissed. (3) The plaintiff, Mr Saad, is to pay the costs of the defendant, Detective Senior Constable Jeffcoat, of the appeal. Catchwords: CRIMINAL PROCEDURE - appeal from orders pursuant to Crimes (Forensic Procedures) Act 2000 - no error in not reciting standard of proof repeatedly - no error in finding plaintiff a suspect - no error in suspecting plaintiff had committed an offence - leave to appeal granted - appeal dismissed

CRIMINAL PROCEDURE - whether power to order costs - no explicit power in statute - consideration of case law - power to order costs - costs order made Legislation Cited: Criminal Procedure Act 1986 Crimes (Appeal and Review) Act 2001 Crimes (Forensic Procedures) Act 2000 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: ACP v Munro [2012] NSWSC 1510 ASIC v Sigalla (No 6) [2012] NSWSC 83 L v Lyons; B and S v Lyons [2002] NSWSC 1199; (2002) 56 NSWLR 600 LK v Commissioner of Police [2011] NSWSC 458 Ronowska v Kus (No 2) [2012] NSWSC 817 Category: Principal judgment Parties: Moufid Saad (plaintiff) Detective Senior Constable Ryan Jeffcoat (defendant) Representation: Counsel: D Miralis (plaintiff) C McGorey (defendant) Solicitors: Nyman Gibson Stewart (plaintiff) Crown Solicitor's Office (defendant) File Number(s): 12/297922 Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-09-18 00:00:00 Before: Truscott LCM File Number(s): 2012/193344