DPP v Combo

The prosecution, represented by the Director of Public Prosecutions, sought a trial by judge alone against Combo, the respondent, under emergency provisions introduced due to the COVID-19 pandemic. The case was heard in the Supreme Court of Victoria, where Combo, a youthful Indigenous individual, had been in custody awaiting trial for several months. The trial was intended to proceed by judge alone to mitigate the risks associated with the pandemic while ensuring the administration of justice continued.

The central legal issue before the court was whether the trial should proceed by judge alone, as requested by both parties, considering the exceptional circumstances of the COVID-19 pandemic and the interests of justice. The court had to weigh the need to maintain the continuity of the judicial system against the potential disadvantages of a trial without a jury, particularly for Combo, who was Indigenous and a young person in custody. The court also needed to assess the impact of the delay on Combo's right to a fair trial and his overall well-being.

The court, after considering the arguments presented and the exceptional circumstances, concluded that proceeding with the trial by judge alone was in the interests of justice. The court found that both parties had consented to this mode of trial, and the need to continue the administration of justice outweighed the disadvantages of a trial without a jury. The court also recognised the potential prejudice caused by the prolonged period Combo had spent in custody awaiting trial. Ultimately, the court determined that the application for a trial by judge alone should be granted.

The final order of the court was that the trial of Combo should proceed by judge alone, in accordance with the COVID-19 emergency provisions, and recognising the consent of both parties and the overriding interest of justice.