R v Dawson [2022] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: R v Dawson [2022] NSWSC 552 Hearing dates: 2 May 2022 Date of orders: 2 May 2022 Decision date: 09 May 2022 Jurisdiction: Common Law - Criminal Before: Beech-Jones CJ at CL Decision: Pursuant to s 132(1) of the Criminal Procedure Act 1986, the trial of the accused proceed by way of judge alone. Catchwords: CRIMINAL LAW – application for a judge alone trial – accused charged with murder – long delay in investigation and charging – "egregious" pre‑trial publicity – "Teacher's Pet" podcast – podcast widely distributed – podcast directed to persuading listener of accused's guilt – participation of public officials in podcast – "interests of justice" – differences between test for stay of prosecution and making of order for judge alone trial – ability to address prejudice by steps taken at time of empanelment – application granted Legislation Cited: Criminal Procedure Act 1986 Jury Act 1977 Legislation Amendment (Emergency Measures) Act 2020 Cases Cited: Arthurs v State of Western Australia [2007] WASC 182 BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 Dawson v R [2021] NSWCCA 117 Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 Murphy v The Queen (1989) 167 CLR 94; [1989] HCA 28 R v Belghar (2012) 217 A Crim R 1; [2012] NSWCCA 86; R v Dawson [2020] NSWSC 1221 R v Simmons; R v Moore (No 4) [2015] NSWSC 259 R v Villalon [2013] NSWSC 1516 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 TVM v State of Western Australia [2007] WASC 299 Category: Principal judgment Parties: Regina (Crown/Respondent) Christopher Michael Dawson (Accused/Applicant) Representation: Counsel: Mr C Everson SC; Ms E Blizard (Crown) Ms P David (Accused) Mr DR Sibtain (Media Intervenors – Nationwide News, Nine Network, Fairfax Media, Network Ten, SBS, ABC, Daily Mail, Seven Network)