The forensic disadvantage identified in Strickland v DPP (Cth) — being 'locked into a version of events' — does not arise where the compulsory examination was lawful, occurred before charges were laid, and the material was not placed in the hands of the prosecution. In such circumstances, pre-trial publicity from a Royal Commission can be adequately addressed by jury directions and does not constitute a 'special reason' for a judge-alone trial under s 614(3) of the Criminal Code 1899 (Qld). The case also confirms that the definition of 'corruptly' in R v Nuttall applies in Queensland to secret commission offences under s 442B(b).
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