R v XY [2024] NSWSC 1472

Supreme Court New South Wales

Medium Neutral Citation: R v XY [2024] NSWSC 1472 Hearing dates: 22 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. Grant leave pursuant to s 132A Criminal Procedure Act 1986 (NSW) to make the application within 28 days of the date fixed for trial. 2. Application for trial by judge alone is refused. Catchwords: CRIMINAL PROCEDURE – application for trial by judge alone – where earlier jury was hung – whether trial by judge alone is in the interests of justice – complainant suffering from an intellectual disability – where expert report on the condition of the complainant served after trial – where Crown indicated not all of report would be relied upon – evidence not complex – report does not require complex jury directions – finality not a sufficient reason for finding that a judge alone trial is in the interests of justice – credibility of witness being a central issue favours a jury trial – application for trial by judge alone refused Legislation Cited: Crimes Act 1900 (NSW) s 66DB Criminal Procedure Act 1986 (NSW) ss 132, 132A Evidence Act 1995 (NSW) ss 135, 165A Cases Cited: Alameddine v R [2022] NSWCCA 219 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1 R v Dawson [2022] NSWSC 552 R v McNeil [2015] NSWSC 357; (2015) 250 A Crim R 12 R v Mackie (No 2) [2018] NSWSC 1654 R v Mapp [2024] NSWSC 1267 R v Niguidula [2023] NSWSC 290 R v Simmons; R v Moore (No 4) [2015] NSWSC 259; (2015) A Crim R 120 R v White [2022] NSWSC 1060 Texts Cited: Nil Category: Procedural rulings Parties: Crown XY (Accused) Representation: Counsel: N Keay (Crown) I Todd (Accused)