R v Mackie (No 2) [2018] NSWSC 1654

Supreme Court New South Wales

Medium Neutral Citation: R v Mackie (No 2) [2018] NSWSC 1654 Hearing dates: 30 October 2018 Date of orders: 30 October 2018 Decision date: 31 October 2018 Jurisdiction: Common Law Before: Lonergan J Decision: Application refused. Catchwords: CRIMINAL PROCEDURE – application for trial by judge alone – where earlier jury did not return a verdict – whether trial by judge alone is in the interests of justice Legislation Cited: Criminal Procedure Act 1986 (NSW) s 132 Cases Cited: Director of Public Prosecutions (NSW) v Farrugia [2017] NSWCCA 197 R v Belghar (2012) 217 A Crim R 1; [2012] NSWCCA 86 R v Haydar (No 2) [2017] NSWSC 131 R v Simmons; R v Moore (No 4) (2015) 249 A Crim R 120; [2015] NSWSC 259 R v Stanley [2013] NSWCCA 124 Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4 Category: Procedural and other rulings Parties: Regina (Crown) Rosemary Priscilla Mackie (Accused) Representation: Counsel: K Ratcliffe (Crown) M Avenell (Accused)

Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2015/353540 Publication restriction: Nil

Judgment 1. This is an application by the accused, Rosemary Priscilla Mackie, for her trial to be heard by a Judge alone pursuant to s 132(1) of the Criminal Procedure Act 1986 (NSW). The prosecutor in these proceedings does not consent to the accused being tried by a Judge alone. Pursuant to s 132(4), the order can be made if I consider it in the interests of justice to do so.