Bruce Donald Redman v R [2015] NSWCCA 110
The trial judge erred in treating jury assessment of credibility as superior, and in failing to recognise the real risk of prejudice to the applicant if forced to limit his evidence or risk adverse assumptions; the interests of justice require a judge-alone trial to remove that risk.
- Jurisdiction
- Australia
- Judgment Date
- 27 May 2015
- Procedural Posture
- Criminal Appeal / Appeal Against Refusal of Judge Alone Trial Order
- Outcome
- Appeal allowed
- Legal Topics
- ['trial by Judge Alone' 'interests of Justice' 'prejudice' 'sexual Offences Against Children']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Refusal of Judge Alone Trial Order
Legal Issues
- 1 ['Whether trial should proceed by judge alone under s 132 of the Criminal Procedure Act 1986' 'Whether the interests of justice required a judge-alone trial due to the risk of prejudice']
Ratio Decidendi
The trial judge erred in treating jury assessment of credibility as superior, and in failing to recognise the real risk of prejudice to the applicant if forced to limit his evidence or risk adverse assumptions; the interests of justice require a judge-alone trial to remove that risk.
Court Disposition
Appeal allowed
Orders
- ['Leave to appeal granted' 'Decision below quashed' 'Trial to proceed by judge alone']
Full Case Text
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