R v Macdonald; R v Maitland (No 2) [2022] NSWSC 1208

R v Macdonald; R v Maitland (No 2) [2022] NSWSC 1208

Because both accused elected for trial by a Judge alone, the prosecutor consented, and the Court was satisfied that each accused had sought and received the required legal advice, s 132(2) operated and the order for trial by a Judge alone was required.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Criminal Proceedings / Application for Trial by Judge Alone
Outcome
Application granted.
Legal Topics
['trial by Judge Alone' 'consent to Judge Alone Trial' 'advice From Australian Legal Practitioner' 'wilful Misconduct in Public Office' 'aiding, Abetting, Counselling and Procuring']
['criminal Law' 'criminal Procedure'] ['trial by Judge Alone' 'consent to Judge Alone Trial' 'advice From Australian Legal Practitioner' 'wilful Misconduct in Public Office' 'aiding, Abetting, Counselling and Procuring']

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Procedural Posture

Criminal Proceedings / Application for Trial by Judge Alone

Legal Issues

  1. 1 ['Whether the Court should order that the accused be tried by a Judge alone under s 132 of the Criminal Procedure Act 1986 (NSW).' 'Whether each accused had sought and received advice in relation to the effect of a trial by Judge alone order from an Australian legal practitioner.']

Ratio Decidendi

Because both accused elected for trial by a Judge alone, the prosecutor consented, and the Court was satisfied that each accused had sought and received the required legal advice, s 132(2) operated and the order for trial by a Judge alone was required.

Court Disposition

Application granted.

Orders

  • ['The trial of Ian Michael Macdonald and John William Maitland on the indictment dated 6 February 2017 with respect to two counts in the case of Mr Macdonald of wilful misconduct in public office and two counts in the case of Mr Maitland of aiding, abetting, counselling and procuring the offences alleged against Mr...