R v Settree [2016] NSWSC 1028

R v Settree [2016] NSWSC 1028

Because the accused's late application was explained by the recent psychiatric opinions and was not due to want of forensic diligence, because the accused had received legal advice and applied of his own free will, and because the Crown consented, the statutory requirements were satisfied and the Court was bound to grant leave and order trial by judge alone.

Jurisdiction
Australia
Judgment Date
27 July 2016
Procedural Posture
Criminal Law Application for Trial by Judge Alone / Pre Trial Procedural Ruling
Outcome
Leave granted and trial by judge alone ordered; jury panel dispensed with.
Legal Topics
['judge Alone Trial' 'leave to Apply Less Than 28 Days Before Trial' 'murder' 'firearms Offence']
['criminal Law' 'criminal Procedure'] ['judge Alone Trial' 'leave to Apply Less Than 28 Days Before Trial' 'murder' 'firearms Offence']

Case Brief

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Procedural Posture

Criminal Law Application for Trial by Judge Alone / Pre Trial Procedural Ruling

Legal Issues

  1. 1 ['Whether the accused should be granted leave under s 132A of the Criminal Procedure Act 1986 (NSW) to apply for trial by judge alone less than 28 days before the date fixed for trial.' 'Whether, once leave was granted and the accused and prosecutor agreed, the Court was required to order a trial by judge alone under s 132 of the Criminal Procedure Act 1986 (NSW).']

Ratio Decidendi

Because the accused's late application was explained by the recent psychiatric opinions and was not due to want of forensic diligence, because the accused had received legal advice and applied of his own free will, and because the Crown consented, the statutory requirements were satisfied and the Court was bound to grant leave and order trial by judge alone.

Court Disposition

Leave granted and trial by judge alone ordered; jury panel dispensed with.

Orders

  • ['Pursuant to s 132A of the Criminal Procedure Act 1986 (NSW), grant the accused leave to apply for trial by judge alone.' 'Pursuant to s 132 of the Criminal Procedure Act 1986 (NSW), the accused be tried for two counts of murder and a firearms offence, commencing on 27 July 2016 by a judge alone without a jury.'...