An application for trial by judge alone under s 132(4) of the Criminal Procedure Act 1986 (NSW) requires more than speculative assertions of prejudice from the bar table; the applicant must provide sufficient material to enable the court to assess the nature and extent of the prejudice and whether it is capable of amelioration by judicial directions. The facts of arrest and pre-trial detention on the instant charge are inherent elements of the criminal process and do not, of themselves, give rise to prejudice warranting a judge alone trial.
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