9 Jun 2009
WENZEL V R SC 38/2009
- Citation
- SC 38/2009
- Court
- Supreme Court
Leave to appeal dismissed because the applicant's challenge that s361D is incompatible with s24(e) and the right to a fair trial is unarguable: s361D operates as a justifiable limitation consistent with s5 and preserved by s4, and no error of principle was shown in the exercise of the statutory discretion ordering a judge-alone trial.