The fact that a trial involves credibility issues is a neutral matter when determining whether it is in the interests of justice to order trial by judge alone under s 132 of the Criminal Procedure Act 1986 (NSW). A trial judge errs by treating a jury as a superior tribunal of fact for credibility assessment. Where an accused would be forced to choose between disclosing prejudicial material in his own defence and censoring his evidence, this is a significant factor favouring trial by judge alone.
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