R v White [2024] NSWSC 1369

R v White [2024] NSWSC 1369

The application for a Judge alone trial was refused because pre-trial publicity, though accessible, was not recent, extreme, or widespread enough to create prejudice that could not be cured by judicial direction, and the issues in the trial were routine, involving objective community standards, and not excessively complex to require Judge alone trial.

Parties
Respondent: Rex (Crown); Applicant: Kristian James Samuel White
Jurisdiction
Australia
Judgment Date
29 October 2024
Procedural Posture
Criminal / Pre Trial Interlocutory Application
Outcome
Application for Judge alone trial refused; Notice of Motion dismissed.
Legal Topics
Manslaughter, Judge Alone Trial, Criminal Negligence, Unlawful and Dangerous Act, Pre Trial Publicity
Criminal Law Manslaughter Judge Alone Trial Criminal Negligence Unlawful and Dangerous Act Pre Trial Publicity

Case Brief

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Parties

Rex (Crown)

Respondent

Kristian James Samuel White

Applicant

Procedural Posture

Criminal / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Whether it is in the interests of justice to grant a Judge alone trial order
  2. 2 Whether pre-trial publicity requires a Judge alone trial
  3. 3 Whether the complexity of issues requires a Judge alone trial

Ratio Decidendi

The application for a Judge alone trial was refused because pre-trial publicity, though accessible, was not recent, extreme, or widespread enough to create prejudice that could not be cured by judicial direction, and the issues in the trial were routine, involving objective community standards, and not excessively complex to require Judge alone trial.

Court Disposition

Application for Judge alone trial refused; Notice of Motion dismissed.

Orders

  • I refuse the application for a Judge alone trial and dismiss the Notice of Motion filed by the applicant on 10 October 2024.