R v Biggs [2007] NSWSC 933

R v Biggs [2007] NSWSC 933

There was no suggestion of judge shopping, the adjournment was necessary to comply with statutory requirements, and granting the adjournment would promote the efficient conduct of the trial consistent with the wishes of both accused and Crown. Therefore, the adjournment was properly granted to permit the election for trial by judge alone before the re-fixed trial date.

Parties
Crown: Regina; Accused: John David Biggs
Jurisdiction
Australia
Judgment Date
22 August 2007
Procedural Posture
Criminal / Adjournment Application Prior to Commencement of Trial
Outcome
Adjournment granted
Legal Topics
Adjournment, Trial by Judge Alone, Mental Illness Defence, Substantial Impairment Defence
Criminal Law Adjournment Trial by Judge Alone Mental Illness Defence Substantial Impairment Defence

Case Brief

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Parties

Regina

Crown

John David Biggs

Accused

Procedural Posture

Criminal / Adjournment Application Prior to Commencement of Trial

Legal Issues

  1. 1 Whether an adjournment should be granted to permit election for trial by judge alone under s 132(4) Criminal Procedure Act 1986 (NSW)
  2. 2 Interpretation of 'date fixed for the person's trial' under s 132(4)
  3. 3 Whether the application constitutes 'judge shopping'

Ratio Decidendi

There was no suggestion of judge shopping, the adjournment was necessary to comply with statutory requirements, and granting the adjournment would promote the efficient conduct of the trial consistent with the wishes of both accused and Crown. Therefore, the adjournment was properly granted to permit the election for trial by judge alone before the re-fixed trial date.

Court Disposition

Adjournment granted

Orders

  • Trial adjourned to permit accused to file election for trial by judge alone pursuant to s 132 of the Criminal Procedure Act 1986 (NSW)