Bruce Donald Redman v R [2015] NSWCCA 110

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bruce Donald Redman v R [2015] NSWCCA 110 Hearing dates: 31 March 2015 Date of orders: 27 May 2015 Decision date: 27 May 2015 Before: Hoeben CJ at CL at [1] Adams J at [2] R A Hulme J at [20] Decision: (i)leave to appeal be granted; (ii)the decision below be quashed; and (iii)the trial proceed by judge alone. Catchwords: CRIMINAL LAW – application for trial by judge alone appeal – no presumption in favour of trial by jury - right to a fair trial - sexual intercourse with person under 10 years without consent Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995 (NSW) Cases Cited: Gilbert v The Queen [2000] HCA 15; 201 CLR 414 R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1 R v Simmons; R v Moore (No. 4) [2015] NSWSC 259 Category: Principal judgment Parties: Bruce Donald Redman (Applicant) The Queen (Respondent) Representation: Counsel: Mr D O'Neil with Mr J Kellaway (Applicant) Mr K McKay (Respondent)

Solicitors: Aboriginal Legal Service (NSW/ACT) (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2014/00007634 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 13 October 2014 Before: Lerve DCJ File Number(s): 2014/00007634