An appeal under s 5F of the Criminal Appeal Act 1912 (NSW) from a decision under s 132 of the Criminal Procedure Act 1986 (NSW) refusing a judge alone trial is governed by a nuanced approach consistent with DAO v The Queen: the appellate court applies a high degree of restraint analogous to House v The King principles, recognising the interlocutory and procedural nature of the decision. R v Belghar should be understood as applying DAO, not as establishing a rigid House v The King-only framework for all s 5F appeals. The fact that a change of venue would be required if the application is rejected may be taken into account, but the inability to hold jury trials at the original venue is not itself a basis for ordering a judge alone trial.
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