R v Sean Lee King [2013] NSWSC 448

Supreme Court New South Wales

Medium Neutral Citation: R v Sean Lee King [2013] NSWSC 448 Hearing dates: 2 April 2013 Decision date: 04 April 2013 Before: Bellew J Decision: 1.I grant leave to the accused, pursuant to s. 132A of the Criminal Procedure Act 1986, to make application, pursuant to s. 132 of that Act, for an order that he be tried by judge alone. 2.I dismiss the notice of motion filed by the accused on 19 March 2013. Catchwords: CRIMINAL LAW - murder - application for a trial before a judge alone - whether in the interests of justice to grant the order sought - whether issue of intention was one which required the application of community standards - whether the nature and extent of pre-trial publicity was such as to render it in the interests of justice that order be granted for a trial by judge alone - whether potential saving to the community is a relevant factor - where appropriate directions will be given to the jury - where it is assumed that such directions will be applied - application for judge alone trial dismissed Legislation Cited: Criminal Procedure Act (NSW) 1986 Criminal Procedure Act (WA) 2004 Jury Act (NSW) 1977 Supreme Court Act 1970 Cases Cited: AK v Western Australia [2008] HCA 8; (2008) 232 CLR 438 Chapman v Gentle (1986) 28 A Crim R 29 Gilbert v R (2000) 201 CLR 414 at [31] Pambula District Hospital v Herriman (1988) 14 NSWLR 387 R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R R v Booth; R v Box [1964] 1 QB 430 R v Burrell [2004] NSWCCA 336 R v D'Arcy (2003) 140 A Crim R 303 R v Dudko (2002) 132 A Crim R 371 R v Glennon (1992) 173 CLR 592 R v Hood [1968] 1 WLR 773; [1968] 2 All ER 56 R v Jamal (2008) 72 NSWLR 258; (2008) 191 A Crim R 1 R v K (2003) 59 NSWLR 431 Texts Cited: "The internet and the right to a fair trial" (Spigelman CJ) (2005) 29 Crim LJ 331