R v McCloskey (No 2) [2020] NSWSC 786

Supreme Court New South Wales

Medium Neutral Citation: R v McCloskey (No 2) [2020] NSWSC 786 Hearing dates: 22 June 2020 Date of orders: 22 June 2020 Decision date: 24 June 2020 Jurisdiction: Common Law Before: Davies J Decision: Accused's application for a judge alone trial granted pursuant to s 132A(1) of the Criminal Procedure Act 1986 (NSW) Catchwords: CRIMINAL PROCEDURE – trial - application for trial by judge alone pursuant to s 132A of the Criminal Procedure Act 1986 (NSW) – where leave from court required as application made within 28 days of trial date – where prior application had been made before another judge and refused – whether in the interests of justice to be bound by earlier order – where circumstances arising out of current COVID-19 pandemic were not factors at the time of the first application – where trial previously vacated - where substantial risk that these circumstances could cause the trial to be vacated for a second time – where that risk unacceptable – order made for judge alone trial Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5F Criminal Procedure Act 1986 (NSW) ss 130A, 132A Cases Cited: Doney v The Queen (1990) 171 CLR 207 Hamalainen v R [2019] NSWCCA 276 R v McCloskey; R v Hamalainen (No 2) [2019] NSWSC 1176 R v McNeil [2015] NSWSC 357 R v Simmons; R v Moore (No 4) [2015] NSWSC 259 Redman v R [2015] NSWCCA 110 Texts Cited: Nil Category: Procedural and other rulings Parties: Crown Robert John Stewart McCloskey (Accused) Representation: Counsel: S Hughes (Crown) D McMahon (Accused)