Supreme Court
New South Wales
Medium Neutral Citation: Coffen v Goodhart [2013] NSWSC 1018 Hearing dates: 30/04/2012 Decision date: 31 July 2013 Before: Fullerton J Decision: 1. The appeal is allowed.
2. The final order made on 1 December 2011 in the Central Local Court under s 24 of the Crimes (Forensic Procedures) Act 2000 be set aside.
3. The defendant to pay the plaintiff's costs.
Catchwords: APPEAL FROM LOCAL COURT - whether measurement of height qualifies as "non-intimate forensic procedure" as defined under s 3(1) of the Crimes (Forensic Procedures) Act 2000 Legislation Cited: Crimes (Appeal and Review) Act 2001
Crimes (Forensic Procedures) Act 2000
Criminal Procedure Act 1986Cases Cited: ACP v Munro [2012] NSWSC 1510
Cunningham v Cunningham (No 2) [2012] NSWSC 954Category: Principal judgment Parties: Marco Francis Coffen (Plaintiff)
Detective Bradley Goodhart (Defendant)Representation: Counsel:
A Francis (Plaintiff)
R Ranken (Defendant)
Solicitors:
Bannisters Lawyers (Plaintiff)
Crown Solicitor (Defendant)
File Number(s): 2011/394217 Decision under appeal
- Jurisdiction:
- 9109
- Date of Decision:
- 2011-12-01 00:00:00
- Before:
- Barkell LCM
Judgment
HER HONOUR: The plaintiff appeals under Part 5 of the Crimes (Appeal and Review) Act 2001 against a final order that issued from the Central Local Court on 1 December 2011 under s 24(1) of the Crimes (Forensic Procedures) Act 2000 ("the Act") authorising the taking of a measurement of the plaintiff's height. The terms of the order expressly provide that the Magistrate was satisfied that measuring the plaintiff's height was a non-intimate forensic procedure under s 24(3) of the Act and that the grounds upon which she was satisfied that the order should be made were as set out in the application brought by the defendant police officer.
Both parties approached the appeal on the understanding that it was brought pursuant to s 115A of the Crimes (Forensic Procedure) Act. That section has the effect of conferring jurisdiction on this Court under s 52(1) of the Crimes (Appeal and Review) Act as if the order were a sentence imposed in the Local Court arising from an offence prosecuted under a Court Attendance Notice and dealt with under Part 2 of the Criminal Procedure Act 1986. Section 52(1) is limited to appeals as of right involving a question of law.
The plaintiff submitted that the Magistrate erred in law in holding that as a matter of statutory interpretation the measurement of the height of a suspect qualifies as a "non-intimate forensic procedure" as defined in s 3(1) of the Act. Counsel also submitted that the application failed to meet the mandatory requirements provided for in s 26(2) of the Act in that there was no evidence of one aspect of the definition of a non-intimate forensic procedure, a matter about which it was necessary that the Magistrate was satisfied before an order for the carrying out of a forensic procedure could lawfully issue.
Section 24 sets out the criteria that must be met before a Magistrate may order the carrying out of a forensic procedure:
(1) A Magistrate…
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- AGLC
- Coffen v Goodhart [2013] NSWSC 1018
- Case
- [2013] NSWSC 1018
- Decision Date
CaseChat Overview and Summary
The court was required to interpret the term "non-intimate forensic procedure" as it appeared in the statute. The appellant argued that the measurement of height was not a procedure that could be categorised as non-intimate and, therefore, should have required his consent. The respondent, Goodhart, contended that the measurement of height was indeed a non-intimate procedure, thus falling under the exceptions in the Act that allowed such procedures to be performed without consent. The court needed to consider the legislative intent behind the Act and whether the measurement of height fit within the scope of a non-intimate procedure as envisioned by the legislature.
In delivering the judgment, the court examined the statutory language and the context in which it was used. The court held that the term "non-intimate forensic procedure" was intended to encompass procedures that were minimally invasive and not inherently personal in nature. The court found that the measurement of height did not involve any form of intrusion or breach of personal dignity, and therefore, it qualified as a non-intimate procedure. Consequently, the court dismissed the appeal, confirming the validity of the Local Court's decision. As a result, the appeal was unsuccessful, and the original decision was upheld.
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