R v Warren Scott [2021] NSWSC 1004

R v Warren Scott [2021] NSWSC 1004

It is in the interests of justice to order a trial by judge alone due to the current suspension of jury trials resulting from COVID-19 restrictions, the significant anticipated delay leading to extended remand (up to 3 years), the limited scope of factual issues, practical realities, and legislation facilitating judge-alone trials during the pandemic. The consideration of community standards does not preclude judge-alone trial given these exceptional circumstances.

Parties
Prosecutor: Regina (Crown); Accused: Warren Anthony Scott
Jurisdiction
Australia
Judgment Date
11 August 2021
Procedural Posture
Criminal / Application for Trial by Judge Alone Prior to Trial
Outcome
Application for trial by judge alone granted
Legal Topics
Trial by Judge Alone, Substantial Impairment, Intoxication, Interests of Justice, COVID 19 Delay
Criminal Law Criminal Procedure Trial by Judge Alone Substantial Impairment Intoxication Interests of Justice COVID 19 Delay

Case Brief

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Parties

Regina (Crown)

Prosecutor

Warren Anthony Scott

Accused

Procedural Posture

Criminal / Application for Trial by Judge Alone Prior to Trial

Legal Issues

  1. 1 Whether it is in the interests of justice to order a trial by judge alone under s 132(4) of the Criminal Procedure Act 1986 (NSW) when the prosecutor opposes and trial will involve application of community standards
  2. 2 Whether the defence of substantial impairment is established, disregarding intoxication under s 23A of the Crimes Act 1900 (NSW)
  3. 3 Whether delay and COVID-19 circumstances justify judge-alone trial

Ratio Decidendi

It is in the interests of justice to order a trial by judge alone due to the current suspension of jury trials resulting from COVID-19 restrictions, the significant anticipated delay leading to extended remand (up to 3 years), the limited scope of factual issues, practical realities, and legislation facilitating judge-alone trials during the pandemic. The consideration of community standards does not preclude judge-alone trial given these exceptional circumstances.

Court Disposition

Application for trial by judge alone granted

Orders

  • Leave is granted pursuant to s 132A of the Criminal Procedure Act 1986 (NSW).
  • Pursuant to s 132(4) of the Criminal Procedure Act 1986 (NSW) order that the trial of Warren Anthony Scott for the murder of Edward Carter on 4 April 2019 at Eden in the State of New South Wales, be heard by judge alone.