R v Brian Spillane [2016] NSWDC 332

District Court New South Wales

Medium Neutral Citation: R v Brian Spillane [2016] NSWDC 332 Hearing dates: 19 September 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Criminal Before: Berman SC DCJ Decision: The application for trial by judge alone is dismissed Catchwords: CRIMINAL LAW – Judgment – Application for trial by judge alone - Pre-trial publicity - Juror research - likelihood that all judicial officers would be aware of accused's convictions - Application of community standards Legislation Cited: Criminal Procedure Act Jury Act Cases Cited: AK v Western Australia [2008] HCA 8; 232 CLR 438 Arthurs v State of Western Australia [2007] WASC BJS v Regina [2011] NSWCCA 239 BJS v R [2013] NSWCCA 123 R v Dean [2013] NSWSC 661 R v McNeil [2015] NSWSC 357 Category: Procedural and other rulings Parties: The Crown Brian Spillane Representation: Counsel: Ms E Wilkins – The Crown Mr P Little – The accused

Solicitors: Director of Public Prosecutions Benjamin & Leonardo Criminal Defence Lawyers File Number(s): 2008/55729 Publication restriction: There is to be no publication of the name of the complainants or of any material which may tend to identify the complainants

Judgment

Introduction 1. The accused Brian Spillane faces 2 forthcoming trials. 8 weeks have been set aside in this Court with the anticipation being that the trials will run one after the other. At least one of these trials has a very lengthy procedural history, indeed it is understood to be the oldest unfinished matter in the District Court at the present time. 2. The trial was listed to commence before me on 24 August 2016 but due to the illness of counsel it was adjourned to 4 October 2016. In order to facilitate the ultimate resolution of that trial I have set aside time to consider some pre-trial applications, even though listing arrangements mean that I will no longer be the trial judge. 3. This judgment concerns the application made by the accused that the trial be conducted before a judge alone.