The mere fact that an accused applies for a no jury order under s 615 of the Criminal Code (Qld) is not decisive of the application; the overriding consideration remains whether it is in the interests of justice to make the order. The court favoured the view that trial by jury is the default and an applicant must demonstrate why the case comes within the exception. A sentence of four years six months for burglary by breaking with violence while armed in company, committed during the operational period of a suspended sentence by an offender with a significant criminal history, was within the permissible range.
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