Child A v Hasler & Ors [2019] NSWSC 672

Supreme Court New South Wales

Medium Neutral Citation: Child A v Hasler & Ors [2019] NSWSC 672 Hearing dates: 9 May 2019, 10 May 2019 Date of orders: 10 May 2019 Decision date: 07 June 2019 Jurisdiction: Common Law Before: Wilson J Decision: 1. Leave to file a Further Amended Summons refused 2. Dismiss the Amended Summons filed on 25 October 2018 and 1 November 2018 3. Each party to bear his own costs Catchwords: APPEAL – appeal from an order of the Children's Court – application by police for an order permitting the carrying out of a forensic procedure – decision of the Magistrate to refuse leave to the suspect to cross-examine a witness to the application – question of whether evidence was illegally or improperly obtained by police – decision of the Children's Court that the evidence was lawfully obtained – challenge to the making of an order Legislation Cited: Australian Human Rights Commission Act 1986 (Cth) International Covenant on Civil and Political Rights Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Forensic Procedures) Act 2000 Children (Criminal Proceedings) Act 1987 Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Bar-Mordecai v Rotman & Ors [2000] NSWCA 123 Bell v Veigel [2008] NSWCA 36 Black v R [2017] NSWDC 326 Liberty Investments Pty Limited v Sakatik Pty Limited (unreported, New South Wales Court of Appeal, 30 August 1996) Police v [Child A] (unreported decision of the Children's Court, 29 March 2018) R v Daley [2001] NSWSC 1211 R v Kane (2004) 144 A Crim R 496; [2004] NSWCCA 78 R v Nicola [2002] NSWCCA 63 R v White [2005] NSWSC 60 Tre Cavalli Pty Ltd v Berry Rural Co-Operative Society Ltd [2013] NSWCA 235 Todorovic v Moussa (2001) 53 NSWLR 463; [2001] NSWCA 419 Texts Cited: Concise Oxford Dictionary, 9th edition Category: Principal judgment Parties: Plaintiff: "Child A" (a pseudonym) First Defendant: Detective Senior Constable Joel Hasler Second Defendant: Commissioner of Police NSW Third Defendant: Magistrate G Blewitt AM Representation: Counsel: Mr S Beckett (Plaintiff) Ms J Single (First & Second Defendants) Submitting appearance (Third Defendant)