In determining whether it is in the interests of justice to order trial by judge alone under s 420D of the Criminal Procedure Act 2009 (Vic), the court must consider not only the interests of the parties but also the broader public interest in enabling courts to continue functioning during the COVID-19 pandemic by reducing the backlog of criminal trials. The 'objective community standards' factor favouring jury trial carries less weight where the charges concern specialised or technical subject matter outside ordinary community experience, such as the operation of hyperbaric oxygen therapy facilities. The combined weight of factors including informed consent, earlier trial date, public interest in reducing backlog, and absence of relevant community standards may compel a conclusion that judge-alone trial is in the interests of justice.
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