R v Johnson [2020] NSWDC 153
It is in the interests of justice for the trial to proceed by judge alone, given the accused's informed consent, legislative intent for courts to continue functioning during the COVID-19 pandemic, potential prejudice from delay, and no compelling reason for community involvement to outweigh these factors.
- Jurisdiction
- Australia
- Judgment Date
- 30 April 2020
- Procedural Posture
- Criminal / Pre Trial Ruling
- Outcome
- application granted
- Legal Topics
- ['trial by Judge Alone' 'covid 19 Emergency Legislation' 'interests of Justice']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Pre Trial Ruling
Legal Issues
- 1 ["Should the trial proceed by judge alone pursuant to s365 of the Criminal Procedure Act, given the accused's consent and the Crown's opposition, in the context of COVID-19 delays?"]
Ratio Decidendi
It is in the interests of justice for the trial to proceed by judge alone, given the accused's informed consent, legislative intent for courts to continue functioning during the COVID-19 pandemic, potential prejudice from delay, and no compelling reason for community involvement to outweigh these factors.
Court Disposition
application granted
Orders
- ['Trial to proceed by judge alone in accordance with s365 of the Criminal Procedure Act' 'Trial date confirmed for 9 June 2020']
Full Case Text
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