R v Jenkin [2018] NSWSC 634

R v Jenkin [2018] NSWSC 634

Leave is granted for the late application as sufficient reasons were provided and prosecution now consents; since both the accused and prosecutor agree, and advice has been received, the court must order a trial by judge alone.

Parties
Prosecution: Regina; Accused: Mark Kenneth Jenkin
Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Criminal / Pre Trial Application
Outcome
Leave granted and order for judge alone trial made.
Legal Topics
Trial by Judge Alone, Procedural Application, Late Application
Criminal Law Trial by Judge Alone Procedural Application Late Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Mark Kenneth Jenkin

Accused

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether leave should be granted for a late application for trial by judge alone
  2. 2 Whether the accused should be tried by judge alone with prosecution consent

Ratio Decidendi

Leave is granted for the late application as sufficient reasons were provided and prosecution now consents; since both the accused and prosecutor agree, and advice has been received, the court must order a trial by judge alone.

Court Disposition

Leave granted and order for judge alone trial made.

Orders

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