R v Quintana (No. 5) [2020] NSWSC 724

R v Quintana (No. 5) [2020] NSWSC 724

In light of the ongoing uncertainty and delays associated with the COVID-19 pandemic, the key witness being overseas and subject to extradition complications, potential risks to juror availability, and the overall interests of justice, the Court determined the proceedings should be tried by judge alone under s 365 of the Criminal Procedure Act (as amended).

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Criminal / Pre Trial; Application for Trial by Judge Alone
Outcome
Application granted; proceedings to be tried by judge alone.
Legal Topics
['trial by Judge Alone' 'covid 19 Pandemic' 'court Procedure' 'exclusion of Jury']
['criminal Law' 'practice and Procedure'] ['trial by Judge Alone' 'covid 19 Pandemic' 'court Procedure' 'exclusion of Jury']

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Procedural Posture

Criminal / Pre Trial; Application for Trial by Judge Alone

Legal Issues

  1. 1 ['Whether the proceedings should be tried by judge alone in the context of the COVID-19 pandemic and in light of the relevant statutory provisions']

Ratio Decidendi

In light of the ongoing uncertainty and delays associated with the COVID-19 pandemic, the key witness being overseas and subject to extradition complications, potential risks to juror availability, and the overall interests of justice, the Court determined the proceedings should be tried by judge alone under s 365 of the Criminal Procedure Act (as amended).

Court Disposition

Application granted; proceedings to be tried by judge alone.

Orders

  • ['The proceedings are to be tried by judge alone.']