Forensic investigation within the context of Australian law refers to the process of gathering, analysing, and presenting scientific evidence. Contrary to popular belief, this type of investigation is also crucial in civil cases in addition to criminal cases. Forensic investigation is necessary to establish facts, identify perpetrators, or support legal arguments.
Moreover, forensic evidence can encompass various fields, including forensic science, digital forensics, and forensic accounting. Some examples of forensic evidence include:
- Fingerprints
- Witness testimonies
- Records, documents or files
- Computers and phones
- Genetic material – skin, blood or hair
- Photos or videos
- Tire marks, shoe marks etc
The rules of evidence regulate the use of forensic evidence in court, and it must meet the criteria of relevance, reliability, and fairness. In Australia, trained experts conduct forensic investigations during criminal and civil investigations. They are generally subject to strict legal standard and procedures.
Types of Forensic Investigation
Given below is a list of some types of forensic investigation:
- Forensic toxicology
- Forensic pathology
- Forensic psychology
- Forensic science
- Forensic dentistry
- Cyber forensics
- Forensic accounting
Examples of Forensic Investigation in Australian Law
Common types of forensic investigations in Australian law include:
- DNA Analysis: DNA evidence is frequently used to link individuals to crime scenes or victims and is an important type of biological evidence.
- Fingerprint Analysis: Fingerprint examination can help identify individuals involved in a crime during a criminal investigation.
- Ballistics and Firearms Examination: This involves the study of bullets, casings, and firearms to link them to crimes.
- Digital Forensics: Investigating digital devices and data to uncover evidence related to cybercrimes or electronic records.
- Forensic Accounting: Examining financial records and transactions to detect fraud or financial crimes.
- Toxicology: Analysing bodily fluids and substances for the presence of drugs, alcohol, or poisons.
- Crime Scene Analysis: Collecting and analysing physical evidence from crime scenes.
The results of forensic investigations and all evidence collected are often presented in court to assist judges and juries in making informed decisions. It’s essential that these investigations are conducted with the highest standards of integrity and accuracy to ensure justice in the Australian legal system.
Example Scenario of Forensic Investigation in Civil Matter
Let us consider a scenario that involves embezzlement at a family business. Let’s suppose that Jack and Sarah are siblings who jointly own a family-run manufacturing business in Sydney. Over the past year, Jack has suspected that Sarah may be embezzling funds from the company.
The financial records have shown discrepancies, and Jack is concerned that Sarah has misappropriated company funds for her personal use. As a result, Jack decides to initiate a civil lawsuit against Sarah to recover the misappropriated funds and hold her accountable.
Forensic Investigation in this Scenario Involving Embezzlement and Misappropriation of Funds
1. Financial Forensics
A forensic accountant is hired to examine the company’s financial records, including bank statements, ledgers, and invoices. They will scrutinise the transactions and look for any irregularities, such as unexplained withdrawals, unauthorised payments, or discrepancies in the financial statements.
2. Digital Forensics
A digital forensic expert is engaged to analyse Sarah’s computer and email accounts for evidence of financial wrongdoing. They will look for any incriminating emails, documents, or files that indicate Sarah’s involvement in the embezzlement.
3. Interviewing Witnesses
Forensic investigators may interview employees, suppliers, and clients to gather information about any suspicious activities or transactions involving Sarah. Witnesses may provide valuable testimony in the civil case.
4. Expert Testimony
The forensic accountant and digital forensic expert may be called as expert witnesses during the civil trial. They will present their findings to the court, explaining the financial discrepancies and digital evidence that suggest embezzlement.
5. Document Analysis
Any forged documents, altered contracts, or fake invoices related to the embezzlement will be subject to forensic analysis to determine their authenticity.
Based on the forensic investigation, it is revealed that Sarah had indeed embezzled a significant amount of money from the family business. The evidence provided by the forensic experts, including financial records, digital communications, and witness testimonies, plays a crucial role in the civil case. As a result, the court orders Sarah to repay the embezzled funds and imposes additional penalties for her actions.
Other Examples Where Forensic Investigation May Be Useful
Forensic investigation may also be useful in cases involving an accident that was caused by negligence. In such cases, an expert like a mechanical engineer can prove that there was no machine defect that caused the accident; but it must have been due to negligence by the operator. Moreover, forensic investigation involving chemical analysis may be needed if there is an ongoing mater related to contaminated products.
Importance of Seeking Advice from Lawyers
Seeking legal advice is crucial for several reasons. First and foremost, it helps individuals understand their legal rights and responsibilities. Lawyers possess specialised knowledge of the law, enabling them to provide accurate guidance tailored to each situation.
Legal advice can also prevent costly mistakes, such as signing disadvantageous contracts or making poor legal decisions. In complex matters like family law, immigration, business, or criminal investigations a lawyer can navigate intricate regulations and procedures, ensuring your best interests are protected. Moreover, legal counsel provides valuable insights for dispute resolution, negotiation, or court proceedings, increasing the chances of a favourable outcome and, ultimately, peace of mind.
In case you have any enquiries, do not hesitate to reach out to us. Contact our team today.
