New Zealand Police v JG [2018] NZYC 654

Published 16 May 2019

Order to take sample from young person — sexual violation by unlawful sexual connection — Criminal Investigations (Bodily Samples) Act 1995, ss 18 & 23 — Crimes Act 1961, s 128. An inspector made an application under s 18 of the Criminal Investigations (Bodily Samples) Act ("the Act") for an order to take a sample from a young person, JG. The Inspector believed JG, a 12 year old boy, may have committed the offence of sexual violation by unlawful sexual connection. JG and both of his parents consented to a sample being taken. In order for the Judge to grant the order he had to be satisfied the five grounds in s 23 of the Act were made out. There had to be good cause to suspect JG of the offence to which the application result relates, this cause was proven by the Inspector's affidavit. JG had to be able to be lawfully prosecuted for the offence. The Act provided that 12 year olds could only be subject to an application if the charge involved a sentence of imprisonment of 14 years. This ground was made out as sexual violation by unlawful sexual connection has a maximum penalty of 20 years' imprisonment. The police had to have material reasonably believed to be genetically traceable to JG. The Inspector's affidavit provided they did. There had to be reasonable grounds that analysis of a bodily sample from JG would confirm or disprove his involvement in the offence. This was again proven by the Inspector's affidavit. Finally, the Judge had to decide whether or not, in all the circumstances, it was reasonable to grant the order. It was decided that it was appropriate to make the order. The Judge JG to provide a buccal sample to the police. Judgment Date: 22 November 2018. * * * Note: Names have been changed to comply with legal requirements * * *