R v Parker [2018] NSWSC 951

R v Parker [2018] NSWSC 951

Leave to bring the late application was granted, but a judge-alone trial was refused because the interests of justice were better served by trial by jury. Although the matters raised by the accused had force and would require careful directions, they did not outweigh the benefits of collective jury decision-making. The Court was satisfied a jury was not likely to be deflected by prejudice relating to drug-taking, could deal with negligence and causation issues, and that the inability to know the precise category of manslaughter underlying any jury verdict was not a disadvantage warranting a judge-alone trial.

Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Criminal Procedure Application for Trial by Judge Alone / Procedural Ruling Before Trial
Outcome
Leave to make the application granted; application for trial by judge alone refused.
Legal Topics
['trial by Judge Alone' 'manslaughter' 'manslaughter by Criminal Negligence' 'manslaughter by Unlawful and Dangerous Act' 'jury Trial' 'prejudice' 'causation' 'expert Medical Evidence']
['criminal Law' 'criminal Procedure'] ['trial by Judge Alone' 'manslaughter' 'manslaughter by Criminal Negligence' 'manslaughter by Unlawful and Dangerous Act' 'jury Trial' 'prejudice' 'causation' 'expert Medical Evidence']

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Procedural Posture

Criminal Procedure Application for Trial by Judge Alone / Procedural Ruling Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted to make an application for trial by judge alone less than 28 days before the trial date under s 132A(1) of the Criminal Procedure Act 1986 (NSW).' 'Whether it was in the interests of justice under s 132(4) of the Criminal Procedure Act 1986 (NSW) for the accused to be tried by judge alone where the Crown did not agree.' 'Whether potential prejudice concerning drug-taking activities of the accused and deceased, the novelty of criminal negligence manslaughter in the context, the desirability of reasons, and potentially complex medical causation evidence justified trial by judge alone.']

Ratio Decidendi

Leave to bring the late application was granted, but a judge-alone trial was refused because the interests of justice were better served by trial by jury. Although the matters raised by the accused had force and would require careful directions, they did not outweigh the benefits of collective jury decision-making. The Court was satisfied a jury was not likely to be deflected by prejudice relating to drug-taking, could deal with negligence and causation issues, and that the inability to know the precise category of manslaughter underlying any jury verdict was not a disadvantage warranting a judge-alone trial.

Court Disposition

Leave to make the application granted; application for trial by judge alone refused.

Orders

  • ['Grant leave to the applicant to make an application under s 132 of the Civil Procedure Act 1986 (NSW) for an order that he be tried by judge alone.' 'Refuse the application for an order that Mark Parker be tried by judge alone.']