R v Cohen JIRGENS [2013] NSWDC 87

District Court New South Wales

Medium Neutral Citation: R v Cohen JIRGENS [2013] NSWDC 87 Hearing dates: 22 April - 15 May 2013 Decision date: 24 April 2013 Before: Knox DCJ Decision: 1. I dismiss the application for a judge alone trial. 2. The trial will proceed forthwith before a jury. Catchwords: CRIMINAL LAW - procedure - application for trial by judge alone Legislation Cited: Criminal Procedure Act 1986 Cases Cited: R v Belghar [2012] NSWCCA 86 Category: Procedural and other rulings Parties: Crown Cohen Jirgens (Accused) Representation: V Lydiard (Crown) M Crawford-Fish (Accused) Director of Public Prosecutions (Crown) Douglass & Ford Criminal Law (Accused) File Number(s): DC 2011/348134

Judgment

Indictment and Procedural History 1On 22 April 2013, the accused, Cohen Jirgens, was arraigned on an indictment containing the following counts: 1. On 12 September 2009 at Sutherland in the State of New South Wales did drive a motor vehicle, namely, a utility registered number AOE-12K and attached trailer registration number P678790, in a manner dangerous to other persons, whereby the vehicle was involved in an impact as a result of which the death of Mark Cooper was occasioned. 2. On 12 September 2009 at Sutherland in the State of New South Wales did drive a motor vehicle, namely, a utility registered number AOE-12K and attached trailer registration number P678790, in a manner dangerous to other persons, whereby the vehicle was involved in an impact as a result of which grievous bodily harm was occasioned to Sian McIntosh. 2This matter proceeds by way of an ex officio indictment following discharge of the accused in the Local Court on 31 August 2011.