R v Glumac [2024] NSWDC 454

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

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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

  1. 1 Whether a trial by judge alone should be ordered under s 132(4) Criminal Procedure Act 1986
  2. 2 Whether interests of justice require a judge alone trial instead of jury
  3. 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.