An application for trial by judge alone under s 132(4) of the Criminal Procedure Act 1986 (NSW) based on an accused's apprehension of jury prejudice must be supported by evidence; a bare assertion of apprehended bias, without evidence that such prejudice is widespread in the community and would be likely to influence jurors, is insufficient. The court must also consider whether conventional jury trial protections — including panel directions, juror self-exclusion, and trial judge directions — could neutralise the apprehended prejudice. The wider questions of whether there is a presumption in favour of jury trial, and whether trial efficiency and the availability of reasons are relevant factors, were addressed by McClellan CJ at CL but not resolved by the Court as a whole, with Hidden J and Hislop J declining to express concluded views on those matters.
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