R v Robert Bretherton [2013] NSWSC 1036

R v Robert Bretherton [2013] NSWSC 1036

The trial will involve a factual issue requiring the application of objective community standards as contemplated by s 23A(1)(b) Crimes Act 1900; accordingly, it is not in the interests of justice to order a judge-alone trial under s 132 Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
06 August 2013
Procedural Posture
Criminal / Pre Trial Application for Judge Alone Trial
Outcome
Application for trial by judge order dismissed
Legal Topics
['judge Alone Trial' 'murder' 'manslaughter' 'diminished Responsibility' 'substantial Impairment']
['criminal Law'] ['judge Alone Trial' 'murder' 'manslaughter' 'diminished Responsibility' 'substantial Impairment']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application for Judge Alone Trial

Legal Issues

  1. 1 ['Whether the trial should proceed by judge alone pursuant to s 132 Criminal Procedure Act 1986' 'Whether the charge and defence involve application of objective community standards']

Ratio Decidendi

The trial will involve a factual issue requiring the application of objective community standards as contemplated by s 23A(1)(b) Crimes Act 1900; accordingly, it is not in the interests of justice to order a judge-alone trial under s 132 Criminal Procedure Act 1986.

Court Disposition

Application for trial by judge order dismissed

Orders

  • ['Application for trial by judge alone dismissed']