R v BT [2017] NSWSC 1095

R v BT [2017] NSWSC 1095

Although the prosecution was distressing and involved circumstantial and tendency evidence concerning the death of an infant, it did not create prejudice of the kind present in R v Adams (No 2). A jury could be expected to approach its task impartially, to follow conventional directions about sympathy and prejudice and directions on circumstantial and tendency evidence, and the interests of justice did not call for trial by judge alone.

Jurisdiction
Australia
Judgment Date
12 July 2017
Procedural Posture
Criminal Trial for Murder / Application for Trial by Judge Alone Under S 132 of the Criminal Procedure Act 1986
Outcome
Application for trial by judge alone refused.
Legal Topics
['trial by Judge Alone' 'jury Trial' 'murder' 'tendency Evidence' 'circumstantial Evidence' 'prejudice']
['criminal Law' 'criminal Procedure'] ['trial by Judge Alone' 'jury Trial' 'murder' 'tendency Evidence' 'circumstantial Evidence' 'prejudice']

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Procedural Posture

Criminal Trial for Murder / Application for Trial by Judge Alone Under S 132 of the Criminal Procedure Act 1986

Legal Issues

  1. 1 ['Whether the prejudicial nature of a murder trial involving the death of an infant and tendency evidence called for trial by judge alone rather than by jury.' 'Whether a jury could put aside emotion, sympathy or prejudice and consider the circumstantial and tendency evidence impartially.']

Ratio Decidendi

Although the prosecution was distressing and involved circumstantial and tendency evidence concerning the death of an infant, it did not create prejudice of the kind present in R v Adams (No 2). A jury could be expected to approach its task impartially, to follow conventional directions about sympathy and prejudice and directions on circumstantial and tendency evidence, and the interests of justice did not call for trial by judge alone.

Court Disposition

Application for trial by judge alone refused.

Orders

  • ['The application for an order under s 132 of the Criminal Procedure Act 1986 for trial by judge alone was refused.']