R v Kerry Forrest [2014] NSWSC 1684

R v Kerry Forrest [2014] NSWSC 1684

Given the unpredictable and disruptive nature of trial proceedings required by the accused's health, imposing an unreasonable burden on the jury, it is in the interests of justice that the trial proceed by judge alone.

Jurisdiction
Australia
Judgment Date
12 March 2014
Procedural Posture
Criminal / Interlocutory Application for Judge Alone Trial
Outcome
Trial by judge alone ordered; leave granted for out of time application.
Legal Topics
['trial by Judge Alone' "effect of Accused's Illness on Conduct of Trial" 'jury Trial']
['criminal Law'] ['trial by Judge Alone' "effect of Accused's Illness on Conduct of Trial" 'jury Trial']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application for Judge Alone Trial

Legal Issues

  1. 1 ["Whether a trial by judge alone should be ordered due to the accused's illness and its effect on trial progress" 'Whether the circumstances impose an unacceptable burden on a jury']

Ratio Decidendi

Given the unpredictable and disruptive nature of trial proceedings required by the accused's health, imposing an unreasonable burden on the jury, it is in the interests of justice that the trial proceed by judge alone.

Court Disposition

Trial by judge alone ordered; leave granted for out of time application.

Orders

  • ['Leave granted for the application to proceed out of time.' 'The trial is to be conducted without a jury.']