R v Ravindran [2013] NSWSC 1006

R v Ravindran [2013] NSWSC 1006

In the circumstances, given the consent of both prosecution and accused and the explanation for the timing of the application, the statutory conditions are satisfied and the court is bound to grant judge alone trial.

Parties
Crown: Regina; Defendant: Joshua John Ravindran
Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Criminal / Interlocutory Application for Judge Alone Trial Prior to Murder Trial
Outcome
Application granted
Legal Topics
Application for Judge Alone Trial
Criminal Law Application for Judge Alone Trial

Case Brief

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Parties

Regina

Crown

Joshua John Ravindran

Defendant

Procedural Posture

Criminal / Interlocutory Application for Judge Alone Trial Prior to Murder Trial

Legal Issues

  1. 1 Whether leave should be granted to apply for a judge alone trial less than 28 days before the trial date
  2. 2 Whether the statutory requirements for a judge alone trial are satisfied

Ratio Decidendi

In the circumstances, given the consent of both prosecution and accused and the explanation for the timing of the application, the statutory conditions are satisfied and the court is bound to grant judge alone trial.

Court Disposition

Application granted

Orders

  • Pursuant to s.132A Criminal Procedure Act 1986, the accused is granted leave to apply for trial by judge alone.
  • Pursuant to s.132 of the said Act, the accused be tried for murder, commencing on 29th July 2013, by a judge alone without a jury.