R v Ud (No 3)

[2020] ACTSC 139

Supreme Court of the ACT29 May 2020

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Jury and Judge Alone Trials
4. › Emergency legislation
5. › Court ordered judge alone trial
6. › Absence of consent by the accused
7. › Reconsideration of decision to order judge alone trial
8. › Whether changed circumstances warranted reconsideration
9. › Supreme Court Act 1933 (ACT), s 68BA(4)

Quick Take

Where jury trials have resumed following a COVID-19 suspension, the court may reconsider a proposed judge alone order under s 68BA of the Supreme Court Act 1933 (ACT) where no final order has been made. The accused's lack of consent to a judge alone trial remains at least relevant to the exercise of the discretion, though there is a difference of judicial opinion within the ACT Supreme Court as to the weight to be given to that factor.