DPP and Ilesic

[2020] VCC 2040

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
 Suitable for Publication

Case No. CR-20-00958

DIRECTOR of PUBLIC PROSECUTIONS

v

DANIEL ILESIC

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JUDGE:	Her Honour Judge Cannon
WHERE HELD:	Melbourne
DATE OF HEARING:	Administrative Ruling
DATE OF RULING:	16 December 2020
CASE MAY BE CITED AS:	DPP and Ilesic
MEDIUM NEUTRAL CITATION:	[2020] VCC 2040

REASONS FOR RULING
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Subject:  CRIMINAL LAW

Catchwords:             Application – Judge alone trial – Defence application - Application not opposed by the Crown – Informed consent of accused – Interests of justice

Legislation Cited: Criminal Procedure Act 2009 (Vic)
Ruling:  Application granted for Judge alone trial

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms M. Zammit	Solicitor for Public Prosecutions
For the Accused	Mr H. Rattray	Balmer & Associates

HER HONOUR:

1.Application has been made by Defence in this matter for a trial by Judge Alone pursuant to s.420D of the Criminal Procedure Act 2009 (Vic) (the Act).

2.Having considered the application and the submissions in support of this, and having also considered the submissions of the Prosecution, who do not oppose the application, I am satisfied that each of the criteria set out in s.420D are satisfied, namely that:

a) the offence on the indictment is an offence under Victorian law; and

b) the accused, through his legal representatives has made application and consented to an order for a judge alone trial; and

c) the accused’s consent is informed and he understands the effect of an order for a judge alone trial; and

d) it is in the interests of justice to make such an order in view of:

I.the prospect of a significant delay in respect of a trial by jury, and

II.the narrow scope of issues in the trial, and

III.the short estimate of the trial, and

IV.that there are no issues in the trial which would involve consideration of community standards or the credibility and reliability of a complainant.