ACP v Munro

The case of ACP v Munro involved a dispute regarding the interpretation and application of the Crimes (Forensic Procedures) Act in relation to the conduct of a forensic procedure hearing. The court was tasked with determining whether the trial judge had properly exercised his discretion in allowing the prosecution to take photographs of the defendant's measurements. The matter was ultimately heard by the New South Wales Court of Criminal Appeal.

The primary legal issue the court had to address was whether photographs of measurements constituted non-intimate forensic procedures under the Act, and if so, whether the trial judge had erred in allowing their taking. The court also considered whether the trial judge had provided concise reasons for his decision and whether he had failed to consider relevant matters. Additionally, the court examined whether it had the power to order costs in the appeal under Part 5 of the Crimes (Appeal and Review) Act 2001.

In delivering its judgment, the court held that the photographs of the defendant's measurements did not constitute non-intimate forensic procedures, as they were more akin to an intimate forensic procedure. The court found that the trial judge had adequately considered the relevant factors and provided concise reasons for his decision. It was concluded that there was no failure to consider relevant matters. Regarding the power to order costs in the appeal, the court determined that it did indeed have such power under the relevant statute.

The court dismissed the appeal and made no orders as to costs.