R v Cohen JIRGENS [2013] NSWDC 87

R v Cohen JIRGENS [2013] NSWDC 87

The interests of justice are best served by having the issues of reasonableness and dangerousness determined by a jury, as these involve application of objective community standards. The application for a judge alone trial is dismissed.

Parties
Prosecutor: Crown; Accused: Cohen Jirgens
Jurisdiction
Australia
Judgment Date
24 April 2013
Procedural Posture
Criminal / Ruling on Application for Judge Alone Trial
Outcome
application for judge alone trial dismissed; trial to proceed before a jury
Legal Topics
Procedure, Application for Judge Alone Trial, Dangerous Driving, Community Standards
Criminal Law Procedure Application for Judge Alone Trial Dangerous Driving Community Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Crown

Prosecutor

Cohen Jirgens

Accused

Procedural Posture

Criminal / Ruling on Application for Judge Alone Trial

Legal Issues

  1. 1 Is it in the interests of justice to order a trial by judge alone under s132 Criminal Procedure Act 1986?
  2. 2 Does the trial involve factual issues requiring application of objective community standards such that a jury trial should be preferred?

Ratio Decidendi

The interests of justice are best served by having the issues of reasonableness and dangerousness determined by a jury, as these involve application of objective community standards. The application for a judge alone trial is dismissed.

Court Disposition

application for judge alone trial dismissed; trial to proceed before a jury

Orders

  • I dismiss the application for a judge alone trial.
  • The trial will proceed forthwith before a jury.