R v JM [2024] NSWSC 584

Supreme Court New South Wales

Medium Neutral Citation: R v JM [2024] NSWSC 584 Hearing dates: 14 May 2024 Decision date: 16 May 2024 Jurisdiction: Common Law Before: Button J Decision: (1) Leave is granted to the accused to bring the application for trial by judge alone at this time. (2) The trial of the accused in this matter, listed to commence in the Supreme Court sitting at Coffs Harbour on Monday, 20 May 2024, is to proceed by judge alone. Catchwords: CRIMINAL PROCEDURE – impending murder trial – alleged stabbing by one juvenile of two others, one fatally – foreshadowed reliance on self-defence and substantial impairment – application for trial by judge alone of accused opposed by Crown – leave permitting late application not opposed – whether in the interests of justice to make the order – recent notorious fatal and non-fatal knife attacks in NSW – very recent homicide by multiple stabbings in Coffs Harbour – perpetrator still at large – apparent inability for trial to be conducted elsewhere, or at a later time – finely balanced competing considerations – application granted Legislation Cited: Crimes Act 1900 (NSW), ss 23A, 418 Criminal Procedure Act 1986 (NSW), ss 132, 132A Cases Cited: R v Flame [2020] NSWSC 1013 Texts Cited: Nil Category: Principal judgment Parties: Rex (Crown) JM (Accused) Representation: Counsel: B Campbell (Crown) J Watts (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Aboriginal Legal Service (NSW/ACT) File Number(s): 2022/155260 Publication restriction: Nil