A court cannot stay criminal proceedings on the condition that the Crown consent to a judge-alone trial under s 132 of the Criminal Procedure Act 1986 (NSW), as this impermissibly interferes with the statutory executive discretion as to mode of trial. Where pre-trial publicity threatens a fair jury trial, the appropriate course is a longer adjournment rather than a conditional stay that seeks to circumvent the legislative scheme. The presumption that jurors follow directions, including directions not to access the internet, remains a strong factor against stays for adverse publicity.
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