Jamieson v Attorney General for NSW

The case of Jamieson v Attorney General for NSW involved the applicant, Jamieson, who sought an inquiry into his conviction under section 78(1) of the Crimes (Appeal and Review) Act 2001. The primary dispute was whether section 97(1A) of the Crimes (Forensic Procedures) Act 2000 precluded or prevented the New South Wales Forensic and Analytical Services Section (FASS) from using information obtained from another jurisdiction for the purpose of DNA testing. The matter was heard in the Supreme Court of New South Wales.

The central legal issue before the court was the interpretation of section 97(1A) of the Crimes (Forensic Procedures) Act 2000 and its effect on the use of retained biological material obtained from another jurisdiction for DNA testing. The court was tasked with determining whether this section restricted the use of such material in the context of an application for an inquiry into conviction under the Crimes (Appeal and Review) Act 2001. Additionally, the court needed to clarify the meaning of "DNA testing" as it applies to retained biological material.

In resolving these issues, the court examined the legislative framework and the purpose of section 97(1A). It concluded that this section does not preclude or prevent the use of information obtained from another jurisdiction for the purpose of DNA testing when it comes to an application for an inquiry into conviction. The court held that the term "DNA testing" encompasses the use of retained biological material to perform DNA analysis, and therefore, the NSW FASS could utilise such material for testing purposes. The application for an inquiry into the conviction was thus not barred by the provisions of section 97(1A).

The Supreme Court granted the application for an order under section 97 of the Crimes (Appeal and Review) Act 2001, allowing the use of retained biological material obtained from another jurisdiction for the purpose of DNA testing in the context of the inquiry into the applicant's conviction.