Trial by jury is the ordinary mode of trial under the Criminal Code 1899 (Qld), and an applicant for a no jury order under s 615 must demonstrate why the case comes within the exception; the court does not start from a neutral position. Community acceptance of the verdict mode is not a relevant factor. An accused's subjective preference for a particular mode of trial carries less weight than objective grounds suggesting a significant possibility that a jury trial might not be fair. The distinction between the test for a stay of proceedings and the test for a no jury order was clarified: the policy considerations differ substantially.
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