Supreme Court
New South Wales
- Amendment notes
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 costsCatchwords: 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 2002Cases 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 419Texts 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 AMRepresentation: Counsel:
Solicitors:
Mr S Beckett (Plaintiff)
Ms J Single (First & Second Defendants)
Submitting appearance (Third Defendant)
Legal Aid Commission, Children’s Legal Service (Plaintiff)
Hicksons Lawyers (First and Second Defendants)
Crown Solicitor’s Office (Third Defendant)
File Number(s): 2018/256443 Publication restriction: NoneSection 15A(1)(a) of the Children (Criminal Proceedings) Act 1987 (NSW) makes it an offence to publish or broadcast the name of Child A Decision under appeal
- Court or tribunal:
- Children's Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 29 March 2018
- Before:
- Magistrate G Blewitt AM
- File Number(s):
- 2017/00374162
Judgment
-
HER HONOUR: This matter concerns an appeal against the order of a Magistrate sitting in the Children’s Court of New South Wales permitting NSW Police to conduct a non-intimate forensic procedure upon the plaintiff, who is known for the purposes of these proceedings as “Child A”.
-
On 10 May 2019, having heard evidence and submissions in the appeal, this Court made…
Continue reading Child A v Hasler
Sign in free to access the full text
- AGLC
- Child A v Hasler [2019] NSWSC 672
- Case
- [2019] NSWSC 672
- Decision Date
CaseChat Overview and Summary
The legal issues before the Family Court were whether the evidence was obtained illegally or improperly by the police and whether the Magistrate's decision to refuse leave to cross-examine a witness was correct. The Family Court was required to determine whether the police acted within the bounds of the law when obtaining the evidence and whether the Magistrate's decision to refuse leave to cross-examine a witness was just and reasonable.
The Family Court found that the police acted lawfully when obtaining the evidence and that the Magistrate's decision to refuse leave to cross-examine a witness was correct. The Court held that the police had a statutory power to take a DNA sample from Child A and that they exercised that power in accordance with the law. The Court also found that the Magistrate's decision to refuse leave to cross-examine a witness was just and reasonable, as the witness was not available to be cross-examined and the evidence obtained from the witness was not relevant to the application. The Family Court dismissed the appeal and upheld the order of the Children's Court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.