R v Elsworth (No 2) [2021] NSWDC 554

District Court New South Wales

Medium Neutral Citation: R v Elsworth (No 2) [2021] NSWDC 554 Hearing dates: 17-18 March 2021 Decision date: 19 March 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Application for trial by judge alone refused Catchwords: Judge alone trial Legislation Cited: Criminal Procedure Act 1986 (NSW) Cases Cited: Restricted Judgment [2020] NSWSC 950 R v Jaghbir (No 2) [2020] NSWSC 955 R v Qaumi [2016] NSWSC 274 R v Simmonds; R v Moore (No. 4) [2015] NSWSC 259 Category: Procedural rulings Parties: Director of Public Prosecutions (Crown) Benjamin Scott Elsworth (Accused) Representation: Counsel: Ms C Dodds (Crown) Ms L Hutchinson (Accused)

Solicitors: E McDonald (Crown) A Tang (Accused) File Number(s): 19/338327 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 it is an offence to publish any matter which identifies the complainant or any matter which is likely to lead to the identification of the complainant.

Judgment on notice of motion 1. By Notice of Motion filed with leave on 16 March 2021, the accused sought the following prayer for relief: "(3) That pursuant to s 132A of the Criminal Procedure Act 1986 (NSW) leave be granted to the accused to make application for a trial by judge alone. 1. The Crown did not oppose leave being granted and therefore on 17 and 18 March 2021 the accused's application for trial by judge alone was heard. On that application, Ex A on the previous application relating to s 293 of the Criminal Procedure Act 1986 ("CPA"), became Ex A on the voir dire.