MLL218 CRIMINAL PROCEDURE - Seminar Week 4

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Deakin University *

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218

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Law

Date

Apr 3, 2024

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pdf

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1

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MLL218 CRIMINAL PROCEDURE SEMINAR 4 FINGERPRINTING, FORENSIC SAMPLES The following questions are based on chapter 6 of the textbook (pp. 198-209) and the class. Seminar question 1: Constable Jack Smith of Victoria Police is investigating a burglary at the Deakin Library, Geelong Campus. Two contract law textbooks have been stolen. A fresh bloodstain is noticed on the bookshelf from where the books have been removed; the bloodstain is actually that of a thumbprint. The bloodstain is sent away for DNA analysis and fingerprint identification. All the students in the contract law class, except for Mark Simpson (21 years old), have agreed to a DNA test, and the tests have eliminated them as suspects. Two days prior to the incident Mark had mentioned to another student that he needs those two textbooks to finish his assignment. Mark steadfastly refuses to voluntarily give a DNA sample and to have his fingerprints taken. May the police compel him to have his fingerprints taken without his consent? Seminar question 2: May the police compel Mark to give a blood sample without his consent? Seminar question 3: Assume that neither the taking of the blood sample nor the fingerprinting was lawful. Would the evidence be admissible at trial? Seminar question 4: Would your answers to questions 1-3 differ if Mark Simpson was charged with a Commonwealth offence? Why/why not? Seminar question 5: Sienna Tayler (29 years old) is a known admirer of Banksy’s work. One day, Sienna’s ex -partner Bella Miller finds graffiti that resembles Banksy’s work ‘Girl with Balloon’ on her house. Bella calls the police. Constable Jack Smith is investigating the incident. He finds an empty can of spray paint near Bella’s house. Constable Smith notices bloodstains on the can. The bloodstain is that of a finger. Sienna is charged with willful damage contrary to s 9(1)(c) of the Summary Offences Act 1966 (Vic). May Sienna be compelled to have her fingerprints taken and to give a blood sample? Sienna does not consent to any of the measures. Seminar question 6: Jade Ryan (14 years old) is suspected of having committed break and enter offences and to have stolen valuable goods from five houses in St Kilda. In each case, entry to the house was made via a rear window in the early hours of the morning while the occupants were asleep. Fingerprints from the same offender were found at three locations. Police have also found some DNA sample at one of the three locations. Police have Jade in custody after an occupant in one of the houses that was burgled, who saw the burglar fleeing the scene, identified Jade as the offender from a series of police photographs. Jade denies any involvement in the offending and is refusing to allow to have her fingerprints taken. Jade’s mother is present during the investigation. She objects to the procedure. Can p olice lawfully take Jade’s fingerprints without Jade’s and her mother’s consent?
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