R v Glumac [2024] NSWDC 454
Given the substantial potential for prejudice due to the volume and complexity of allegations, the risk of misuse of tendency and sensitive evidence, the adverse publicity, and the practical convenience and transparency of a judge alone trial, the interests of justice require the trial be before a judge alone under s 132(4) Criminal Procedure Act 1986.
- Parties
- Crown: Rex; Accused: Anthony Stevo Glumac
- Jurisdiction
- Australia
- Judgment Date
- 29 August 2024
- Procedural Posture
- Criminal / Application for Trial by Judge Alone Under S 132(4) Criminal Procedure Act 1986
- Outcome
- Order for trial by judge alone granted
- Legal Topics
- Trial by Judge Alone, Interests of Justice, Prejudice, Tendency and Coincidence Evidence, Adverse Publicity
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Crown
Anthony Stevo Glumac
Accused
Procedural Posture
Criminal / Application for Trial by Judge Alone Under S 132(4) Criminal Procedure Act 1986
Legal Issues
- 1 Whether a trial by judge alone should be ordered under s 132(4) Criminal Procedure Act 1986
- 2 Whether interests of justice require a judge alone trial instead of jury
- 3 Whether prejudice or complexity justify departing from a jury trial
Ratio Decidendi
Given the substantial potential for prejudice due to the volume and complexity of allegations, the risk of misuse of tendency and sensitive evidence, the adverse publicity, and the practical convenience and transparency of a judge alone trial, the interests of justice require the trial be before a judge alone under s 132(4) Criminal Procedure Act 1986.
Court Disposition
Order for trial by judge alone granted
Orders
- Pursuant to s 132(4) Criminal Procedure Act 1986 the trial of Anthony Stevo Glumac be heard before a judge sitting alone.
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