R v So (No 1) [2023] NSWSC 987

R v So (No 1) [2023] NSWSC 987

Leave under s 132A(1) was appropriate because the issue prompting the application arose shortly before the 28-day period commenced, the Court was informed of the likely application only slightly within that period, the parties had known the identity of the trial judge for five months which mitigated against judge-shopping, and the Crown consented. The trial by judge alone order was then made because the accused had sought and received advice about the effect of the order from her solicitor and trial counsel and the Crown did not oppose the application.

Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Criminal Proceedings; Application for Leave to Apply for Trial by Judge Alone and for a Trial by Judge Order / Procedural Ruling Before Trial
Outcome
Leave granted; trial by judge alone ordered.
Legal Topics
['trial by Judge Alone' 'leave to Apply Within 28 Days of Trial' 'interpreter Evidence' 'potential Prejudice' 'advice From Australian Legal Practitioner']
['crime' 'criminal Procedure'] ['trial by Judge Alone' 'leave to Apply Within 28 Days of Trial' 'interpreter Evidence' 'potential Prejudice' 'advice From Australian Legal Practitioner']

Case Brief

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Procedural Posture

Criminal Proceedings; Application for Leave to Apply for Trial by Judge Alone and for a Trial by Judge Order / Procedural Ruling Before Trial

Legal Issues

  1. 1 ['Whether leave should be granted under s 132A(1) of the Criminal Procedure Act 1986 (NSW) to apply for a trial by judge alone when the application was made within 28 days before the trial date.' 'Whether an order should be made under s 132(1) of the Criminal Procedure Act 1986 (NSW) that the accused be tried by judge alone.']

Ratio Decidendi

Leave under s 132A(1) was appropriate because the issue prompting the application arose shortly before the 28-day period commenced, the Court was informed of the likely application only slightly within that period, the parties had known the identity of the trial judge for five months which mitigated against judge-shopping, and the Crown consented. The trial by judge alone order was then made because the accused had sought and received advice about the effect of the order from her solicitor and trial counsel and the Crown did not oppose the application.

Court Disposition

Leave granted; trial by judge alone ordered.

Orders

  • ['Pursuant to s 132A(1) of the Criminal Procedure Act 1986 (NSW), grant leave to the accused to apply for an order that she be tried by judge alone;' 'Order pursuant to s 132(1) of the Criminal Procedure Act 1986 (NSW) that the accused be tried by judge alone.']