W4 v Detective Senior Constable Ayscough [2016] NSWSC 1106

Supreme Court New South Wales

Medium Neutral Citation: W4 v Detective Senior Constable Ayscough [2016] NSWSC 1106 Hearing dates: 13 July 2016 Date of orders: 17 August 2016 Decision date: 17 August 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Time for instituting this appeal is extended to 3 November 2015.

(2) The appeal is allowed.

(3) The decision of Magistrate Maiden dated 11 June 2015 is set aside.

(4) The matter is remitted to the Local Court at Singleton for redetermination according to law.

(5) Each party is to pay their own costs. Catchwords: APPEAL – Local Court – plaintiff ordered to provide DNA sample pursuant to s 75ZC of the Crimes (Forensic Procedures) Act 2000 (NSW) – plaintiff an untested registrable person under Part 7B – whether Magistrate determined that the ordering of the forensic procedure was justified in all the circumstances – whether particular matters must be considered in determining that the ordering of the procedure is justified in all the circumstance – whether the matter should be remitted to the Local Court for redetermination Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Forensic Procedures) Act 2000 (NSW) Criminal Code Compilation Act 1913 (WA) Criminal Procedure Act 1986 (NSW) Cases Cited: Campbell and 4 Ors v Director of Public Prosecutions (NSW) [2008] NSWSC 1284 Daley v Brown; Pittman v Brown [2014] NSWSC 144 Helen Maguire v Jason Beaton [2005] NSWSC 1241 LK v Commissioner of Police & Anor [2011] NSWSC 458 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Munro v ACP [2012] NSWSC 100 Orban v Bayliss [2004] NSWSC 428 RH v Director of Public Prosecutions (NSW) [2014] NSWCA 305 Category: Principal judgment Parties: W4 (Plaintiff) Detective Senior Constable Ayscough Representation: Counsel: F Graham (Plaintiff) C McGorey (Defendant)