R v Hutchison, Wilkinson & Greentree [2018] NSWSC 1513

Supreme Court New South Wales

Medium Neutral Citation: R v Hutchison, Wilkinson & Greentree [2018] NSWSC 1513 Hearing dates: 6 August 2018 Date of orders: 06 August 2018 Decision date: 16 November 2018 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) Leave is granted pursuant to s 132A of the Criminal Procedure Act 1986 (NSW). (2) Order that the accused are to be tried by Judge alone pursuant to s 132 of the Criminal Procedure Act 1986 (NSW). Catchwords: CRIMINAL LAW – trial by Judge alone – application brought late – whether leave should be granted – where one of three accused did not make election until week before trial due to commence – explanation for late application – where prosecution consent to a trial by Judge alone – operation of statute – stuck with it – application granted Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 132 and 132A Category: Procedural and other rulings Parties: Regina Raquel Hutchison Paul Wilkinson Daniel Greentree Representation: Counsel: M Cunneen SC (Crown) B Rigg SC & S Beckett (Hutchison) M Ainsworth (Wilkinson) I Todd (Greentree)

Solicitors: Director of Public Prosecutions NSW (Crown) Blair Criminal Lawyers (Hutchison) McGirr Lawyers (Wilkinson) Tully & Chiper Lawyers (Greentree) File Number(s): 2014/00308895 (Hutchison)2014/00308929 (Wilkinson)2014/00319883 (Greentree) Publication restriction: An interim non-publication order is made over the deceased's surname which applies to both the deceased and some of the witnesses.