Under s 68BA(3) of the Supreme Court Act 1933 (ACT), the Court may order a judge alone trial during the COVID-19 emergency period without the accused's consent where the accused can receive a fair trial. The accused's opposition is a relevant factor but not determinative. The onus is on the accused to identify specific features of the case or subjective traits that would make a judge alone trial unfair. The potential length of sentence is not a relevant factor weighing against a judge alone trial order.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.