Regina v BD (No. 1) (Judge alone application) [2020] NSWDC 150

District Court New South Wales

Medium Neutral Citation: Regina v BD (No. 1) (Judge alone application) [2020] NSWDC 150 Hearing dates: 24 April 2020; written submissions by the Crown Date of orders: 29 April 2020 Decision date: 29 April 2020 Jurisdiction: Criminal Before: Lerve DCJ Decision: Direct trial be by Judge alone Catchwords: Trial by judge alone – Crown opposes application – COVID 19 pandemic – business of the court to continue Legislation Cited: Covid-19 Legislation (Emergency Measures) Act, 2020 Criminal Procedure Act, 1986 Crimes Act, 1900 Supreme Court Act, 1933 (ACT) Cases Cited: R v Belghar [2012] NSWCCA 86 R v Coleman [2020] ACTSC 97 DPP v Farrugia [2017] NSWCCA 197 Mickelberg v The Queen (No 3) (1992) 8 WAR 236 Mulquiney v Reynolds and Anor (Ruling No. 1) [2020] VSC 119 Pambula District Hospital v Herriman (1988) 14 NSWLR 387 R v Qaumi & Ors (No. 14) (Judge alone application) [2016] NSWSC 274 Rakielbakhour v DPP [2020] NSWSC 323 Redman v R [2015] NSWCCA 110 R v Spiteri-Ahern; Barber; Zraika [2017] NSWSC 1275 R v UD (No. 2) [2020] ACTSC 90 Category: Procedural and other rulings Parties: Director of Public Prosecutions (for the Crown) BD Representation: Counsel: Dr R Webb for the accused

Solicitors: Ms V Morgan, Trial Advocate for the Crown Mr R Boulos of Belgrave Lawyers for accused File Number(s): 2019/181172 Publication restriction: THE COURT REMINDS ALL CONCERNED THAT THE RELEVANT LEGISLATION PROVIDES THAT THERE MUST BE NO PUBLICATION OF THE NAMES OF THE COMPLAINANTS OR ANYTHING THAT MIGHT IDENTIFY THEM. THAT PUBLICATION RESTRICTION EXTENDS TO THE ACCUSED.