R v Warwick (No.21) [2018] NSWSC 654

R v Warwick (No.21) [2018] NSWSC 654

Given the factual complexity of the proceedings, the promptness of the application once solicitors were instructed, the accused's acknowledgment of advice received, and the consent of the prosecution, leave should be granted to apply for a judge alone trial out of time and an order for a judge alone trial must be made.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Criminal / Pre Trial Application for Judge Alone Trial
Outcome
Application granted for trial by judge alone and for leave to file application out of time.
Legal Topics
['application for Judge Alone Trial' 'criminal Procedure' 'section 132 Criminal Procedure Act 1986' 'late Application for Judge Alone Trial']
['criminal Law'] ['application for Judge Alone Trial' 'criminal Procedure' 'section 132 Criminal Procedure Act 1986' 'late Application for Judge Alone Trial']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application for Judge Alone Trial

Legal Issues

  1. 1 ['Whether leave should be granted to apply for a judge alone trial less than 28 days before trial' 'Whether an order for trial by judge alone should be made']

Ratio Decidendi

Given the factual complexity of the proceedings, the promptness of the application once solicitors were instructed, the accused's acknowledgment of advice received, and the consent of the prosecution, leave should be granted to apply for a judge alone trial out of time and an order for a judge alone trial must be made.

Court Disposition

Application granted for trial by judge alone and for leave to file application out of time.

Orders

  • ['Order pursuant to s 132(1) of the Criminal Procedure Act 1986 that the accused be tried by a Judge alone.' 'Grant leave, pursuant to s 132A(1) of the Criminal Procedure Act 1986, for an application by the Accused for an order for trial by judge alone to be made notwithstanding that it is less than 28 days before...