R v CE [2018] NSWDC 220

R v CE [2018] NSWDC 220

The application for a judge alone trial is granted due to the practical utility of facilitating case management given limited court time in regional sittings, despite the application being made less than 28 days before trial.

Parties
Prosecutor: Crown; Accused: CE
Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Criminal / Application for Judge Alone Trial
Outcome
Application for judge alone trial granted; trial to proceed by judge alone.
Legal Topics
Judge Alone Trial, Discretionary Factors, Application for Leave
Criminal Law Criminal Procedure Judge Alone Trial Discretionary Factors Application for Leave

Case Brief

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Parties

Crown

Prosecutor

CE

Accused

Procedural Posture

Criminal / Application for Judge Alone Trial

Legal Issues

  1. 1 Whether to grant leave for a judge alone trial when the application was made less than 28 days before trial
  2. 2 Whether interests of justice favour a judge alone trial

Ratio Decidendi

The application for a judge alone trial is granted due to the practical utility of facilitating case management given limited court time in regional sittings, despite the application being made less than 28 days before trial.

Court Disposition

Application for judge alone trial granted; trial to proceed by judge alone.

Orders

  • Permit the trial to proceed by judge alone.
  • Jury panel to be thanked and dismissed.