Alameddine v R [2022] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alameddine v R [2022] NSWCCA 219 Hearing dates: 23 September 2022 Date of orders: 23 September 2022 Decision date: 07 October 2022 Before: Beech-Jones CJ at CL Hamill J N Adams J Decision: (1) Grant leave to appeal to both applicants under s 5F(3)(a) of the Criminal Appeal Act 1912; (2) Appeal allowed; (3) Set aside the order made by his Honour Judge Hoy SC on 15 September 2022 refusing each applicant leave under s 132A(1) of the Criminal Procedure Act 1986 (NSW) to apply for an order they be tried by a Judge alone; (4) Grant each applicant leave under s 132A(1) of the Criminal Procedure Act 1986 (NSW) leave to apply for an order they be tried by a Judge alone; (5) Pursuant to s 132(2) of the Criminal Procedure Act 1986 order that each applicant be tried by a Judge alone; (6) To the extent necessary, remit the balance of the proceedings to the District Court. Catchwords: PRACTICE AND PROCEDURE – appeal from interlocutory order – refusal of trial judge to grant leave to apply for trial by a judge alone less than 28 days prior to the date fixed for the trial – Crown opposed leave but if leave granted consented to order – accepted that application did not involve "judge shopping" – trial judge refused application because of "appearance" of judge shopping – trial judge erred in not considering that one accused could not apply earlier because other accused did not consent – trial judge erred in acting on basis that appearance of judge shopping could remain where it was accepted that neither applicant engaged in judge shopping – appeal allowed – leave granted – orders for judge alone trial made Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: House v King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Dawson [2022] NSWSC 552 R v Jenkin [2018] NSWSC 634 R v Perry (1993) 29 NSWLR 589 R v Quami & Ors (No 14) [2016] NSWSC 274 R v Simmons; R v Moore (2015) 249 A Crim R 120; [2015] NSWSC 259 Category: Principal judgment Parties: Hamdi Andrew Alameddine (Applicant) Rafat Alameddine (Applicant) Rex (Respondent) Representation: Counsel: Ms A Francis (Hamdi Alameddine) Mr D Dalton SC (Rafat Alameddine) Ms M Kumar (Respondent)