R v MPW [2020] NSWDC 170

District Court New South Wales

Medium Neutral Citation: R v MPW [2020] NSWDC 170 Hearing dates: 4 May 2020 Date of orders: 04 May 2020 Decision date: 04 May 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [21] Catchwords: Trial by Judge Alone – Crown Opposes Application – COVID 19 Pandemic – Business of the court to continue Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: R v BD [2020] NSWDC 150 R v Johnson [2020] NSWDC 153 Redman v R [2015] NSWCCA 110 Category: Procedural and other rulings Parties: Regina: Crown Accused: MPW Representation: Counsel: Crown: Oliver Counsel: Cochrane Solicitors: DPP Solicitor: Endacott Defence Solicitor: Ritchie File Number(s): 2018/00234957

Judgment 1. By an application by the accused dated 25 March 2020, an order is sought under s 365 of the Criminal Procedure Act for his trial on five charges to be tried by a judge alone. By that section, such an order may be made only if the accused consents to be tried by judge alone and the Court is satisfied the accused has sought and received advice from an Australian legal practitioner in relation to the effect of an order that be tried by a judge alone. This requirement is satisfied by the terms of the application signed by the accused and which formed part of exhibit 1. 2. Section 365 also provides that, where the prosecutor does not agree, then the order may only be made if the Court considers it is in the interests of justice for the accused to be tried by judge alone. In this case, the prosecution does not agree, so that it is necessary for me to consider whether it is in the interests of justice for the accused to be tried by judge alone.