Wainohu v The State of New South Wales

The High Court of Australia considered an appeal by Mr. Wainohu against the State of New South Wales concerning the validity of certain provisions of the *Crimes (Forensic Procedures) Act 2000* (NSW). The dispute arose from the application of these provisions to Mr. Wainohu, who was convicted of a serious criminal offence. The central question before the Court was whether the Act, in its application to Mr. Wainohu, infringed upon his common law right to the possession of his own body.

The High Court was required to determine whether the *Crimes (Forensic Procedures) Act 2000* (NSW) authorised the taking of forensic samples from an accused person in a manner that was inconsistent with the common law right to the possession of one's own body. Specifically, the Court had to consider whether the statutory provisions, which permitted the taking of samples even after an acquittal or the quashing of a conviction, constituted an unlawful interference with this fundamental common law right.

In its reasoning, the High Court affirmed the existence of a common law right to the possession of one's own body. However, the Court held that this right is not absolute and can be abrogated by clear and unambiguous statutory provisions. The majority found that the *Crimes (Forensic Procedures) Act 2000* (NSW) contained such clear statutory authority, authorising the taking of forensic samples in circumstances that might otherwise infringe upon the common law right. The Court reasoned that the legislature had intended to create a scheme for the collection and retention of forensic samples for the purposes of criminal investigations and prosecutions, and that this intention was sufficiently expressed in the Act. The appeal was accordingly dismissed.