Plassas v Person [2016] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: Plassas v Person [2016] NSWSC 1445 Hearing dates: 30 August 2016 Date of orders: 17 October 2016 Decision date: 17 October 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1. The proceedings are dismissed. 2. The parties should provide any submissions as to costs within (7) days, such submissions not to exceed one page in length. Catchwords: CRIMINAL LAW – Appeal from Magistrate – Where Magistrate made an order for the carrying out of a non-intimate forensic procedure – Where a previous DNA sample of the accused had been taken 14 years ago – Whether there was a public interest in making the order – Whether Magistrate erred in making the order – Proceedings dismissed

WORDS AND PHRASES – "evidence as to whether or not the suspect committed the alleged offence" Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Forensic Procedures) Act 2000 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Bimson, Roads Maritime Services v Damorange Pty Limited [2014] NSWSC 734 Commissioner of Taxation v Consolidated Media Holdings Limited (2012) 250 CLR 503; [2012] HCA 55 Brough v Director of Public Prosecutions [2014] NSWSC 1396 KC v Sanger [2012] NSWSC 98 Orban v Bayliss [2004] NSWSC 428 R v PL (2009) 199 A Crim R 199; [2009] NSWCCA 256 Saad v Jeffcoat [2013] NSWSC 1585 Category: Principal judgment Parties: Con Plassas – Plaintiff Detective Senior Constable Christophe Person – Defendant Representation: Counsel: P Lange – Plaintiff C McGorey – Defendant