Police v JC [2016] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: Police v JC [2016] NSWChC 1 Hearing dates: 7 January 2016 Decision date: 05 February 2016 Jurisdiction: Criminal Before: Magistrate M W Crompton at Wagga Wagga Decision: Application refused Catchwords: Forensic procedure – suspect – suspicion on reasonable grounds Legislation Cited: Crimes (Forensic Procedures) Act 2000 Cases Cited: Orban v Bayliss [2004] NSWSC 428 Regina v Rondo [2001] NSWCCA 540 at 53 George Rockett (1990) 170 CLR 104 Category: Principal judgment Parties: Police Young Person Representation: Sgt Watterson Police Prosecutor Ms Kirby, solicitor, for the young person File Number(s): 2015/360186 Publication restriction: Psuedonyms have been used in order to anonymise the children and parties.

Judgment

Reasons for Decision 1. This is an application for a final order authorising the carrying out of forensic procedures on the respondent young person JC, pursuant to s 24 of the Crimes (Forensic Procedures) Act 2000. 2. The type of forensic procedure sought by the application are the taking of a sample of the respondent's finger, hand and palm prints and photographs. 3. The respondent, a juvenile, cannot consent to the application. In any event, the application is opposed. The principal basis for the objection is the submission that the prosecution are unable to satisfy the Court that the respondent is a suspect within the meaning of that word as it is used within the legislation. 4. An affidavit in support of the application was sworn on 7 December 2015. A further affidavit was sworn on 15 December 2015, each by Constable Scott Earl of the Wagga Wagga police.