R v Coss (No 2)

[2022] NSWSC 792

Supreme Court

New South Wales

Medium Neutral Citation:	R v Coss (No 2) [2022] NSWSC 792
Hearing dates:	24 May 2022
Date of orders:	24 May 2022
Decision date:	24 May 2022
Jurisdiction:	Common Law - Criminal
Before:	Dhanji J
Decision:	Order that in this matter the accused Bruce Anthony Coss be tried by Judge alone.
Catchwords:	CRIMINAL PROCEDURE – murder – application for trial by judge alone – consent – application granted
Legislation Cited:	Criminal Procedure Act 1986 (NSW), s 132
Category:	Procedural rulings
Parties:	Regina (Crown) Bruce Anthony Coss (Accused)
Representation:	Counsel: L Shaw (Crown) M P King (Accused) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Legal Aid NSW (Accused)
File Number(s):	2019/336236
Publication restriction:	Nil

EX TEMPORE Judgment (REVISED)

1. HIS HONOUR: In this matter the accused Bruce Anthony Coss has been arraigned in this Court on a charge of murder. A form making an election for trial by Judge alone has been provided to the Court. I will have that form marked and placed with the court file. That form has been signed by the accused, dated 26 April 2022 and indicates there is a witness to the signature of the accused. The form has also been signed by the Crown Prosecutor in this matter indicating that the prosecution consents to the accused's election.

2. The form further indicates that the accused has sought and received advice in relation to the application to be tried by Judge alone from his solicitor Ms Vassiliou of Legal Aid NSW. The form further indicates that the accused understands that he can withdraw his election at any time before the date fixed for trial.

3. Section 132(1) of the Criminal Procedure Act1986 (NSW) provides that an accused or the prosecutor in criminal proceedings in this Court may apply to the court for an order that the accused person be tried by Judge alone. Section 132(2) provides that the court must make such an order if both the accused person and the prosecutor agree to the accused person being tried by Judge alone. Having regard to the election made by the accused and the consent indicated by the prosecutor, s 132(2) operates in the present case.

4. That obligation is subject to s 132(6) which provides that the court must not make a trial by Judge order unless it is satisfied that the accused person has sought and received advice in relation to the effect of such an order from an Australian legal practitioner. Having regard to the indication that the accused has received advice from Ms Vassiliou, I am satisfied that the accused has sought and received advice as required under subsection (6).

5. Having regard to these matters, I make the following order:

1. I order that in this matter the accused Bruce Anthony Coss be tried by Judge alone.

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Decision last updated: 16 June 2022