R v Hutchison, Wilkinson & Greentree [2018] NSWSC 1513

R v Hutchison, Wilkinson & Greentree [2018] NSWSC 1513

Leave was granted because the lateness of the applications was explained by Mr Wilkinson's previous refusal to consent or apply, the consequent futility of applications by the other accused in a joint trial, Mr Wilkinson's later change of position after new legal advice, and the consent of all parties. Trial by Judge orders were then made because the prosecutor and each accused agreed, and the Court was satisfied each accused had received advice about the effect of the order from counsel.

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal Application for Trial by Judge Alone / Pre Trial Procedural Ruling
Outcome
Applications granted; leave granted and each accused ordered to be tried by Judge alone.
Legal Topics
['trial by Judge Alone' 'late Application' 'leave Under S 132 A' 'joint Trial']
['criminal Law' 'criminal Procedure'] ['trial by Judge Alone' 'late Application' 'leave Under S 132 A' 'joint Trial']

Case Brief

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Procedural Posture

Criminal Application for Trial by Judge Alone / Pre Trial Procedural Ruling

Legal Issues

  1. 1 ['Whether leave should be granted under s 132A of the Criminal Procedure Act 1986 (NSW) for late applications for trial by Judge alone.' 'Whether trial by Judge orders should be made under s 132 of the Criminal Procedure Act 1986 (NSW) where all accused and the prosecutor consent.' 'Whether the accused had received advice from an Australian legal practitioner as required by s 132(6) of the Criminal Procedure Act 1986 (NSW).']

Ratio Decidendi

Leave was granted because the lateness of the applications was explained by Mr Wilkinson's previous refusal to consent or apply, the consequent futility of applications by the other accused in a joint trial, Mr Wilkinson's later change of position after new legal advice, and the consent of all parties. Trial by Judge orders were then made because the prosecutor and each accused agreed, and the Court was satisfied each accused had received advice about the effect of the order from counsel.

Court Disposition

Applications granted; leave granted and each accused ordered to be tried by Judge alone.

Orders

  • ['Leave is granted pursuant to s 132A of the Criminal Procedure Act 1986 (NSW).' 'Order that the accused are to be tried by Judge alone pursuant to s 132 of the Criminal Procedure Act 1986 (NSW).']