R v Lieu [2018] NSWSC 484

R v Lieu [2018] NSWSC 484

Leave to apply out of time was appropriate because the delay was only one day, the explanation for delay was accepted, the Crown consented, and the trial date was still some weeks away. As the accused had received legal advice about the effect of a judge alone order and both the accused and prosecutor agreed to that course, s 132(2) of the Criminal Procedure Act 1986 (NSW) required the Court to order a trial by judge alone.

Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Criminal Proceedings on Indictment for Murder / Application for Leave to Apply Out of Time for Trial by Judge Alone and Order for Trial by Judge Alone
Outcome
Application granted; judge alone trial ordered.
Legal Topics
['trial by Judge Alone' 'leave to Apply Out of Time' 'mental Illness Defence']
['criminal Law' 'criminal Procedure'] ['trial by Judge Alone' 'leave to Apply Out of Time' 'mental Illness Defence']

Case Brief

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Procedural Posture

Criminal Proceedings on Indictment for Murder / Application for Leave to Apply Out of Time for Trial by Judge Alone and Order for Trial by Judge Alone

Legal Issues

  1. 1 ['Whether the accused should be granted leave under s 132A Criminal Procedure Act 1986 (NSW) to apply out of time for trial by judge alone.' 'Whether an order should be made under s 132 Criminal Procedure Act 1986 (NSW) that the accused be tried for murder by a judge alone without a jury.']

Ratio Decidendi

Leave to apply out of time was appropriate because the delay was only one day, the explanation for delay was accepted, the Crown consented, and the trial date was still some weeks away. As the accused had received legal advice about the effect of a judge alone order and both the accused and prosecutor agreed to that course, s 132(2) of the Criminal Procedure Act 1986 (NSW) required the Court to order a trial by judge alone.

Court Disposition

Application granted; judge alone trial ordered.

Orders

  • ['Under s 132A Criminal Procedure Act 1986 (NSW), I grant the accused leave to apply out of time for trial by judge alone.' 'Under s 132 of the said Act, order that the accused be tried for murder commencing on 16 April 2018 by a judge alone without a jury.']