R v McCloskey (No 2) [2020] NSWSC 786

R v McCloskey (No 2) [2020] NSWSC 786

The COVID-19 pandemic constitutes a significant change from when the prior application for a judge alone trial was refused, introducing a real and unacceptable risk of trial vacation and delay. Given the previous vacation, the length and complexity of the present trial, and the accused's continued remand, it is not in the interests of justice for the prior refusal to bind the present court. Therefore, the application for a judge alone trial is granted under s 132A(1) of the Criminal Procedure Act 1986 (NSW).

Jurisdiction
Australia
Judgment Date
24 June 2020
Procedural Posture
Criminal / Application for Judge Alone Trial Before Commencement of Murder Trial
Outcome
Application for judge alone trial granted
Legal Topics
['judge Alone Trial' 'covid 19 Pandemic Impact on Procedure' 'jury Trial' 'bad Character Evidence' 'pre Trial Orders']
['criminal Law' 'criminal Procedure'] ['judge Alone Trial' 'covid 19 Pandemic Impact on Procedure' 'jury Trial' 'bad Character Evidence' 'pre Trial Orders']

Case Brief

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Procedural Posture

Criminal / Application for Judge Alone Trial Before Commencement of Murder Trial

Legal Issues

  1. 1 ['Whether leave should be granted for a judge alone trial application made less than 28 days before trial' 'Whether the judge is bound by a prior order refusing a judge alone trial under s 130A of the Criminal Procedure Act 1986 (NSW)' 'Whether it is in the interests of justice to conduct a judge alone trial considering the COVID-19 pandemic and other circumstances']

Ratio Decidendi

The COVID-19 pandemic constitutes a significant change from when the prior application for a judge alone trial was refused, introducing a real and unacceptable risk of trial vacation and delay. Given the previous vacation, the length and complexity of the present trial, and the accused's continued remand, it is not in the interests of justice for the prior refusal to bind the present court. Therefore, the application for a judge alone trial is granted under s 132A(1) of the Criminal Procedure Act 1986 (NSW).

Court Disposition

Application for judge alone trial granted

Orders

  • ['The accused will be tried by judge alone pursuant to s 132A(1) of the Criminal Procedure Act 1986 (NSW).']