Shepherd v Nestoriadis [2015] NSWSC 348

Supreme Court New South Wales

Medium Neutral Citation: Shepherd v Nestoriadis [2015] NSWSC 348 Hearing dates: 27 March 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Leave to appeal under s 53(1) of the Crimes Appeal and Review Act 2001 is refused.

(2) The appeal under s 52(1) of the Crimes Appeal and Review Act 2001 is allowed.

(3) The order of the Local Court made on 20 June 2014 against the plaintiff, s 75L(2) of the Crimes Forensic Procedures Act 2000 is set aside.

(4) There be remitted to the Local Court for redetermination the application by the defendant for an order under s 75L(2) of the Crimes Forensic Procedures Act 2000 against the plaintiff made on 27 March 2014.

(5) There is no order as to costs. Catchwords: APPEAL – forensic procedure on untested former offender – court may order forensic procedure – whether justified in all the circumstances – whether appeal raised question of law alone – duty to give reasons – whether reasons adequate. Legislation Cited: - Crimes (Forensic Procedures) Act 2000 – s 75L, s 115A - Crimes (Local Courts Appeal and Review) Act 2001 – Pt 5 Cases Cited: - Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 - Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 - Daley v Brown; Pittman v Brown [2014] NSWSC 144 - Orban v Bayliss [2004] NSWSC 428 - Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 - Williams v The Queen [1986] HCA 88; 166 CLR 278 Category: Principal judgment Parties: Kim Louise Shepherd - Plaintiff Marina Nestoriadis - Defendant Representation: Counsel: D.B. O'Neil, Dr A. Hughes - Plaintiff Ms N. Adams SC, C. McGorey - Defendant