Hooper & Oxymed Australia Pty Ltd v Director of Public Prosecutions

The applicants, Hooper and Oxymed Australia Pty Ltd, appealed against the County Court's refusal to order a trial by judge alone under the Criminal Procedure Act 2009. They were charged with offences under the Occupational Health and Safety Act 2004. The applicants sought to have the trial conducted by a judge alone, but the prosecution did not consent to the application. The applicants argued that the judge failed to give sufficient weight to the purposes of the judge alone trial legislation, placed excessive weight on community standards, and gave insufficient weight to issues of delay and complexity of evidence. The County Court of Victoria heard the appeal.

The legal issues before the court were whether the County Court judge had erred in failing to give sufficient weight to the purposes of the judge alone trial legislation, whether the judge placed excessive weight on the role of community standards, and whether the judge gave insufficient weight to the issue of delay and the complexity of evidence. The applicants contended that the purposes of the legislation, including efficiency and the protection of witnesses, should have led to a trial by judge alone. They also argued that the judge should have given more weight to the delay and complexity of evidence in favour of a judge alone trial.

The court found that the County Court judge had indeed erred in several respects. The judge had failed to give sufficient weight to the purposes of the judge alone trial legislation, particularly the need for efficiency and protection of witnesses. The judge had also placed excessive weight on the role of community standards, which was not a relevant consideration in this context. Furthermore, the judge had given insufficient weight to the issue of delay and the complexity of evidence, which supported a trial by judge alone. The court concluded that the applicants were entitled to a trial by judge alone, and the appeal was allowed. The decision in DPP v Combo [2020] VCC 726 was applied, and other relevant cases were discussed.

The court ordered that the trial be conducted by a judge alone. The applicants were granted leave to appeal, and the appeal was allowed. The case was remitted to the County Court for a trial by judge alone in accordance with the court's decision. The court's order was based on the statutory provisions of the Criminal Procedure Act 2009 and the Occupational Health and Safety Act 2004, as well as relevant case law.