Under s 68BA(3) of the Supreme Court Act 1933 (ACT), the accused's lack of consent to a judge alone trial is a relevant but not determinative factor; the order should be made unless the accused establishes a distinguishing feature of the trial or the accused that would make a judge alone trial contrary to the interests of justice. The court will not vary its approach based on daily fluctuations in pandemic conditions; the legislative emergency period governs. Credibility and identification issues are not inherently better suited to jury determination.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.