Supreme Court
New South Wales
Medium Neutral Citation: R v Batak (No 6) [2025] NSWSC 658 Hearing dates: 5-6 June 2025 Date of orders: 26 June 2025 Decision date: 26 June 2025 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to s 132 of the Criminal Procedure Act 1986 (NSW), I order that the trial of Mr Cem Batak proceed by way of judge alone.
Catchwords: CRIMINAL LAW – Murder – application for judge alone trial – retrial – where the matter has a protracted and unusual history – where the Crown case relies on constructive murder by way of joint criminal enterprise – whether it is in the interests of justice to grant the order sought – whether the complexity of the issues are such that it is in the interests of justice that the order be granted – where there is a strong interest in efficiencies and finality in the trial – whether a jury is better placed to assess credibility – application for a judge alone trial granted
Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 131, 132, 132A
Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8
Arthurs v State of Western Australia [2007] WASC 182
Cheng v The Queen (2000) 203 CLR 248; [2000] HCA 53
Director of Public Prosecutions (NSW) v Farrugia [2017] NSWCCA 197
R v Abdaly; R v Hosseinishoja(No 3) [2022] NSWSC 1511
R v Abrahams (2013) 230 A Crim R 74; [2013] NSWSC 729
R v Batak (No 2) [2022] NSWSC 425
R v Belghar (2012) 217 A Crim R 1; [2012] NSWCCA 86
R v Niguidula [2023] NSWSC 290
R v Qaumi & Ors (No 14) (Judge alone application) (2016) 265 A Crim R 575; [2016] NSWSC 274
R v Sean Lee King (2013) 228 A Crim R 406; [2013] NSWSC 448
R v Simmons; R v Moore (No 4) (2015) 249 A Crim R 120; [2015] NSWSC 259
RKF v The Queen [2016] NSWCCA 116
Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4
Texts Cited: Lord Devlin, Trial by Jury (rev ed, 1966)
Category: Procedural rulings Parties: Cem Batak (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
C Parkin with B Gooch (Applicant)
S Traynor (Respondent)
Fahmy Lawyers (Applicant)
Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2019/00260254 Publication restriction: Nil
JUDGMENT
Introduction
-
On 2 April 2019, two men broke into an apartment to steal drugs and money. Two people resided at the apartment: Sargon Odisho and John Odisho. Each intruder was armed with a handgun. One of the intruders was Cengiz…
Continue reading R v Batak (No 6)
Sign in free to access the full text
- AGLC
- R v Batak (No 6) [2025] NSWSC 658
- Case
- [2025] NSWSC 658
- Decision Date
CaseChat Overview and Summary
The court was required to weigh the advantages of a judge alone trial against the traditional role of a jury in assessing credibility and determining the facts of the case. The complexity of the issues, which involved multiple defendants and a joint criminal enterprise, was a significant factor in the court's decision-making process. The court acknowledged the potential benefits of a judge alone trial in terms of efficiency and finality, particularly given the protracted history of the case. Ultimately, the court determined that it was in the interests of justice to grant the application for a judge alone trial, considering the unique circumstances and the potential for a more streamlined trial process.
The court's reasoning was grounded in the principle of ensuring a fair and efficient trial, taking into account the particular facts and complexities of this case. The court found that the advantages of a judge alone trial, including the potential for a more efficient and final resolution, outweighed the traditional role of a jury in assessing credibility. As a result, the application for a judge alone trial was granted, and the matter proceeded to trial before a judge without a jury.
The final orders of the court included the grant of the application for a judge alone trial, which meant that the retrial of the respondent for the offence of murder would be conducted before a judge without a jury. This decision was based on the court's assessment of the interests of justice, considering the unique circumstances and the potential benefits of a judge alone trial in terms of efficiency and finality. The case proceeded to trial before a judge, and the outcome of the trial will determine the respondent's fate in relation to the charge of murder.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.