R v Jaghbir (No 2) [2020] NSWSC 955

Supreme Court New South Wales

Medium Neutral Citation: R v Jaghbir (No 2) [2020] NSWSC 955 Hearing dates: 16 July 2020 Date of orders: 16 July 2020 Decision date: 29 July 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 case relies on circumstantial evidence - where press has reported on circumstances and witnesses surrounding this trial – where directions to a jury would have ameliorated any prejudice which this material posed for the accused - where circumstances arising out of current COVID-19 pandemic - where trial has already experienced significant delay - where the risk of further delay is unacceptable - order made for judge alone trial Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures - Miscellaneous) Act 2020 (NSW) Crime Commission Act 2012 (NSW) s 45 Criminal Procedure Act 1986 (NSW) ss 132, 365 Supreme Court Act 1933 (ACT) s 68BA Cases Cited: Allen v R [2020] NSWCCA 173 Mickelberg v R (No 3) (1992) 8 WAR 236 R v Coleman [2020] ACTSC 97 R v UD (No 2) [2020] ACTSC 90 Regina v BD (No. 1) (Judge alone application) [2020] NSWDC 150 Texts Cited: Nil Category: Procedural and other rulings Parties: Crown Ahmed Jaghbir (Accused) Representation: Counsel: P Barrett (Crown) G James QC & E James (Accused)