An accused's election to be tried by judge alone does not of itself facilitate the administration of justice for the purposes of s 22A of the Crimes (Sentencing Procedure) Act 1999 (NSW) and does not compel a sentencing discount. The s 22A assessment must focus on whether the conduct of the trial in fact facilitated the administration of justice, not on the mode of trial chosen. Mere compliance with professional obligations to conduct trials efficiently does not rise above the baseline expected of competent counsel and does not warrant a s 22A discount.
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