R v Saliba (No 2) (Judge alone application) [2025] NSWSC 155

Supreme Court New South Wales

Medium Neutral Citation: R v Saliba (No 2) (Judge alone application) [2025] NSWSC 155 Hearing dates: 27 February and 3 March 2025 Date of orders: 6 March 2025 Decision date: 06 March 2025 Jurisdiction: Common Law Before: Hamill J Decision: (1) In the murder trial of the accused, Dominic Saliba, I make a trial by judge order pursuant to s 132 of the Criminal Procedure Act 1986 (NSW). (2) Confirm the trial is listed before Yehia J in Nowra on Monday 10 March 2025. (3) Direct the Registrar and/or Supreme Court Media Liaison Officer to contact Channel 7 and the Daily Telegraph to advise them, with the Court's gratitude, that the items taken down voluntarily from their websites and social media platforms may be re-published once the trial commences before Yehia J next week. Catchwords: CRIMINAL LAW – application for trial by judge alone – relevant considerations – relevance of mainstream and social media items – extent to which prejudice capable of being cured by direction and vetting of jury panel – where self-defence likely to be raised – extent to which "reasonableness" and application of community standards will apply – facial tattoos – where tattooing patent – where tattoos depict knives or scythes – where death caused by stabbing – whether prejudice capable of being cured by direction – relevance of academic studies close to ten years old – where interests of justice lie Legislation Cited: Crimes Act 1900 (NSW), s 421 Criminal Procedure Act 1986 (NSW), s 132, 132(4), 132(5), 132(6), 132A Cases Cited: Arthurs v Western Australia [2007] WASC 182 Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Kingswell v The Queen (1985) 159 CLR 264; [1985] HCA 72 R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1 R v GSR (No 3) [2011] NSWDC 17 R v Qaumi & Ors (No 14) (Judge alone application) [2016] NSWSC 274; (2016) 265 A Crim R 575 R v Qaumi & Qaumi [2016] NSWSC 1473 R v Simmons; R v Moore (No 4) [2015] NSWSC 259; (2015) 249 A Crim R 120 R v Stanley [2013] NSWCCA 124 R v White [2024] NSWSC 1369 Redman v R [2015] NSWCCA 110 Texts Cited: F Funk and A Todorov, "Criminal Stereotypes in the Courtroom: Facial Tattoos Affect Guilt and Punishment Differently" (2013) 19(4) Psychology, Public Policy, and Law 466 K Brown, B McKimmie and T Zarkadi, "The Defendant with the Prison Tattoo: The Effect of Tattoos on Mock Jurors' Perceptions" (2018) 25(3) Psychiatry, Psychology and Law 386 Lord Devlin, Trial by Jury (rev ed, 1966) Category: Procedural rulings Parties: Dominic Saliba (Applicant) The King (Respondent) Representation: Counsel: R Khalilizadeh (Applicant) K Ratcliffe (Respondent)