NW v George; SW v George [2016] NSWSC 296

Supreme Court New South Wales

Medium Neutral Citation: NW v George; SW v George [2016] NSWSC 296 Hearing dates: 1 March 2016 Decision date: 24 March 2015 Before: Fullerton J Decision: 1. In proceedings 2015/238619 and 2015/238628, the summonses are dismissed.

2. The plaintiffs are to pay the defendant's costs.

3. The orders of Wahlquist LCM made on 11 August 2015 are confirmed save only for the following amendment:

Pursuant to s 24 of the Crimes (Forensic Procedure) Act 2000 at a mutually convenient time but in any event within 14 days of today's date, 24 March 2016, NW and SW are to present to the Professional Standards Command, 55 Renwick St, Redfern, NSW, for the carrying out of a non-intimate forensic procedure, being a self-administered buccal swab. Catchwords: APPEAL FROM LOCAL COURT – forensic procedure – appeal against order that a non-intimate forensic procedure be performed – whether Magistrate erred in determining that the forensic procedure was justified in all the circumstances – delay Legislation Cited: Crimes Act 1900 (NSW), s 177BB (since repealed) Crimes (Appeal and Review) Act 2001 (NSW), s 52 Crimes (Forensic Procedures) Act 2000 (NSW), ss 24, 115A Evidence Act 1995 (NSW), s 177 Cases Cited: House v The King [1936] HCA 40; 55 CLR 499 Category: Principal judgment Parties: NW (Plaintiff - 2015/238619) SW (Plaintiff - 2015/238628) Ralph George (Defendant) Representation: Counsel: T Gabrial – Solicitor (Plaintiffs) R Bhalla (Defendant)