R v BD

In the matter of R v BD, the defendant applied for a trial by judge alone due to the COVID-19 pandemic. The Crown opposed the application, and the matter was heard in the County Court of Victoria. The defendant sought a trial by judge alone to avoid the risk of contracting COVID-19 while in court, and the Crown opposed the application on the basis that the pandemic did not warrant a departure from the usual mode of trial. The court was required to consider whether the pandemic constituted an exceptional circumstance that warranted a departure from the usual mode of trial, and whether the risk of contracting COVID-19 in court was sufficient to justify a trial by judge alone.

The court found that the pandemic did constitute an exceptional circumstance that warranted a departure from the usual mode of trial. The court noted that the pandemic had caused significant disruptions to the administration of justice, and that it was the business of the court to continue to function in some capacity. The court also found that the risk of contracting COVID-19 in court was sufficient to justify a trial by judge alone, particularly for vulnerable individuals such as the defendant. The court emphasised that the decision to try the defendant by judge alone was not a criticism of the jury system, but rather a necessary measure to ensure the safety of all involved in the trial process.

The orders of the court were that the trial of the defendant be conducted by a judge alone. The court emphasised that this decision was not intended to set a precedent for future cases, but rather a response to the unique circumstances of the pandemic. The court also noted that it would continue to monitor the situation and make further orders as necessary to ensure the safety of all involved in the trial process.