R v Johnson [2019] NSWSC 118

R v Johnson [2019] NSWSC 118

Because the accused had elected to be tried by judge alone after receiving legal advice, the Crown consented to both the out of time application and the substantive application, and s 132(2) required the Court to make a trial by judge order where both parties agree, leave was granted and the murder trial was ordered to proceed by judge alone without a jury.

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Criminal Proceeding on Indictment for Murder; Application for Trial by Judge Alone / Pre Trial Application for Leave to Apply Out of Time and for Judge Alone Trial
Outcome
Leave granted and trial by judge alone ordered.
Legal Topics
['judge Alone Trial' 'out of Time Application' 'murder Trial']
['criminal Law' 'criminal Procedure'] ['judge Alone Trial' 'out of Time Application' 'murder Trial']

Case Brief

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Procedural Posture

Criminal Proceeding on Indictment for Murder; Application for Trial by Judge Alone / Pre Trial Application for Leave to Apply Out of Time and for Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused should be granted leave under s 132A of the Criminal Procedure Act 1986 to apply out of time for trial by judge alone.' 'Whether the Court must order trial by judge alone under s 132 of the Criminal Procedure Act 1986 where the accused and prosecutor agree.']

Ratio Decidendi

Because the accused had elected to be tried by judge alone after receiving legal advice, the Crown consented to both the out of time application and the substantive application, and s 132(2) required the Court to make a trial by judge order where both parties agree, leave was granted and the murder trial was ordered to proceed by judge alone without a jury.

Court Disposition

Leave granted and trial by judge alone ordered.

Orders

  • ['Under s 132A of the Criminal Procedure Act 1986, grant the accused leave to apply out of time for trial by judge alone;' 'Under s 132 of the said Act, the accused be tried for murder commencing today, 6 February 2019, by judge alone without a jury.']