TS v Constable Courtney James [2014] NSWSC 984

Supreme Court New South Wales

Medium Neutral Citation: TS v Constable Courtney James [2014] NSWSC 984 Hearing dates: 17 July 2014 Decision date: 17 July 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. A pseudonym order such that the plaintiff be referred to as TS. 2. Order that the order of the Magistrate on 15 November 2013 that a buccal swab be taken from the plaintiff be set aside and that the matter be remitted to the Children's Court to be determined according to law. 3. Note that there is an agreement that there be no order as to costs. Catchwords: APPEAL - whether magistrate erred in admitting evidence of intercepted telephone calls - whether magistrate found incorrectly that the Evidence Act 1995 (NSW) did not apply

EVIDENCE - Evidence Act 1995 (NSW) applies to applications for a forensic procedure - Evidence Act 1995 (NSW) must be read together with Crimes (Forensic Procedure) Act 2000 (NSW) along with any other applicable Act - laws of evidence as they apply to applications for forensic procedures are affected by matters of which the magistrate is required to be satisfied of - meaning of reasonable grounds for suspicion or belief Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 51 Crimes (Forensic Procedure) Act 2000 (NSW), s 3, s 24, s 26, s 30, s 103, s 115A Evidence Act 1995 (NSW), s 4, s 8, s 9 Telecommunications (Interception and Access) Act 1979 (Cth), s 63, s 74 Cases Cited: Azar v DPP [2014] NSWSC 132 Bain v Police [2011] SASC 228 Council of the City of Lake Macquarie v Morris [2005] NSWSC 387; 63 NSWLR 263 Dhanhoa v The Queen [2003] HCA 40; 217 CLR 1 George v Rockett [1990] HCA 26; 170 CLR 104 L v Lyons (2002) 56 NSWLR 600 LK v Commissioner of Police [2011] NSWSC 458 Ruddock v Taylor [2005] HCA 48; (2005) 222 CLR 612 Category: Principal judgment Parties: "TS" (Plaintiff) Constable Courtney James (Defendant) Representation: Counsel: C Smith (Plaintiff) N Adams SC/C McGorey (Defendant) Solicitors: Aboriginal Legal Service (Plaintiff) Crown Solicitors (Defendant) File Number(s): 2013/374312 Publication restriction: Nil