SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Coleman |
Citation: | [2020] ACTSC 97 |
Hearing Date: | 20 April 2020 |
DecisionDate: | 22 April 2020 |
Before: | Elkaim J |
Decision: | The proceedings are to be tried by judge alone. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Jury and Judge Alone Trials – Emergency legislation – court ordered judge alone trial – absence of consent by the accused – orderly and expeditious discharge of court business – interests of justice – fair trial – accused on bail |
Legislation Cited: | COVID-19 Emergency Response Act 2020 (ACT) |
Cases Cited: | Mickelberg v The Queen (No 3) (1992) 8 WAR 236 |
Parties: | The Queen (Crown) Mathew Coleman (Accused) |
Representation: | Counsel A Williamson (Crown) J Sabharwal (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sharman Robertson (Accused) | |
File Numbers: | SCC 226 of 2019 |
ELKAIM J:
On 9 April 2020 the Registrar of the Supreme Court issued the parties with a notice made under s 68BA(4) of the Supreme Court Act 1933 (ACT) informing them that the Court proposed to make an order (the ‘proposed order’) that the accused be tried by judge alone.
The accused does not want to be tried in this way. Accordingly he notified the Court that he would like to make submissions to avert the proposed order. The Crown filed written submissions which helpfully set out a number of considerations that the Court should take into account. The Crown concluded:
The Crown respectfully submits the balance of the above considerations would suggest that, in this particular matter, at this particular time, it is not in the interests of justice to order a judge alone trial against the will of the accused.
The wording of the Crown’s conclusion is appropriately drawn from the terms of the relevant section, namely s 68BA(3), and in particular subsection (b).
Concise written submissions received from the accused adopted the Crown’s written submissions.
The relevant legislation is as follows:
68BTrial by judge alone in certain criminal proceedings
(1)A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—
(a) the person elects in writing to be tried by a judge alone; and
(b) the person produces a certificate signed by a legal practitioner stating that—
(i)the legal practitioner has advised the person in relation to the election; and
(ii)the person has made the election freely; and
(c) the election and certificate are filed in the court before—
(i)the person, or the person’s legal representative, knows the identity of the judge for the person’s trial; and
(ii)any time limit prescribed under the rules; and
(d) if there is more than 1 accused person in the proceeding—
(i)each other accused person also…
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- AGLC
- R v Coleman [2020] ACTSC 97
- Case
- [2020] ACTSC 97
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CaseChat Overview and Summary
The legal issues before the court included the interpretation and application of the emergency legislation in question, the accused's right to a fair trial, and the balance between the orderly and expeditious discharge of court business and the interests of justice. Specifically, the court had to determine whether the emergency legislation permitted a judge alone trial when the accused was on bail and did not consent to such a trial.
In delivering its decision, the court examined the emergency legislation and its provisions for judge alone trials in the context of public emergencies. It considered the accused's right to a fair trial under the common law and statutory protections, alongside the broader societal interests in ensuring that the courts could function effectively during emergencies. The court concluded that the legislation, designed to facilitate the swift resolution of cases during a public emergency, could be applied to cases where the accused was on bail. The court found that the absence of consent by the accused did not preclude the application of the legislation when it served the interests of justice and the efficient administration of court business.
The final orders of the court were that the proceedings against Coleman were to be tried by a judge alone, in accordance with the emergency legislation.
Orders
Orders of the court
The proceedings are to be tried by judge alone.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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