MB v The Queen

The appeal was brought by a young person, MB, against a conviction in the Local Court for various offences. The primary issue in the appeal was whether the trial judge had erred in allowing a police officer to give evidence about the circumstances in which a buccal swab was taken from MB. The appellant argued that the swab was obtained without proper consent and that the officer’s evidence about how the swab was taken should not have been admitted. The respondent, The Queen, maintained that the procedure was lawful and that the officer’s evidence was relevant to the circumstances of the arrest and the subsequent charges.

The court examined whether the procedure for obtaining the buccal swab constituted an intimate search and, if so, whether it required the approval of a justice of the peace. The court noted that the buccal swab was not considered an intimate search under the applicable legislation and, therefore, did not require such approval. The court also found that the officer’s evidence was relevant to the circumstances of the appellant’s arrest and the charges that followed. The court held that the officer’s evidence was properly admitted and that there was no error in the trial judge’s decision.

Given the above findings, the court dismissed the appeal. The conviction in the Local Court was upheld. The court concluded that the trial judge had not erred in admitting the officer’s evidence about the buccal swab and that this did not affect the fairness of the trial. The appeal was accordingly dismissed, and the original conviction stood.