R v GZN & BYH - [2024] QSCPR 7

SUPREME COURT OF QUEENSLAND

CITATION: R v GZN & BYH [2024] QSCPR 7
PARTIES: THE KING
v
GZN
(applicant)
BYH
(applicant)
FILE NO/S: Indictment No 236 of 2023
DIVISION: Trial Division
PROCEEDING: Application under s 590AA Criminal Code
ORIGINATING Supreme Court at Brisbane
COURT:
DELIVERED ON: 4 March 2024
DELIVERED AT: Brisbane
HEARING DATE: 29 and 30 January 2024
JUDGE: Williams J

ORDER:

1.

Upon being satisfied that it is in the interests of justice and that there are special reasons for the purposes of s 614(3) of the Criminal Code, pursuant to s 615(1) of the Criminal Code, THE COURT ORDERS THAT GZN and BYH be tried by a judge sitting without a jury for the trial on Indictment No 236 of 2023.

2.

The trial remains listed to commence on 5 February 2024.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – TRIAL HAD BEFORE JUDGE WITHOUT JURY – GENERALLY – where the co- accused are charged with a number of offences arising out home invasions – where the trial was listed to proceed before a judge and jury on a future date – where the identity of the trial judge is known – where the applicants applied for orders they be tried by a judge sitting without a jury for the trial – where the application is brought on the basis that there has been significant pre-trial publicity that may affect jury deliberations – where the co-accused contend it is in the interests of justice that the trial proceed without a jury – whether a no jury order ought to be made – whether there are special reasons to make a no jury order
Criminal Code 1899 (Qld), s 590AA, s 614, s 615
Criminal Practice Rules 1999 (Qld), r 42A

R v Pentland [2020] QSC 78, followed R v Karran [2022] QSCPR 9, followed R v Clough [2009] 1 Qd R 197, cited
R v Chardon [2018] QSPCR 17, cited
R v Fardon [2010] QCA 317, cited
R v Prisk and Harris [2009] QSC 315, cited
R v Sica [2014] 2 Qd R 168, cited
R v TAZ; R v SED (No 2) [2023] QSCPR 16, cited
COUNSEL: D Finch for the Crown
D Caruana & G Elmore for the applicant, GZN
L Reece for the applicant, BYH
SOLICITORS: Office of the Director of Public Prosecutions for the Crown
Australian China Legal Group for the applicant, GZN
Legal Aid Queensland for the applicant, BYH

The applicants applied for orders pursuant to s 615(1) of the Criminal Code 1899
(Qld) (Criminal Code) that they be tried by a judge sitting without a jury for the trial
on Indictment Number 236/2023. The applicants are each charged with a number of
counts on Indictment Number 236/2023, with the trial listed to commence on
Monday, 5 February 2024.
Both applicants brought the applications for a pretrial ruling pursuant to s 590AA of
the Criminal Code and both applicants filed affidavit material in support of the
applications.
Both applications…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v GZN & BYH

Details

AGLC: R v GZN & BYH [2024] QSCPR 7
Case: [2024] QSCPR 7
Decision Date: 4 March 2024

CaseChat Overview and Summary

The case of R v GZN and BYH involved two defendants charged with multiple offences stemming from home invasions. The case was heard in a court where the trial was initially scheduled to proceed before a judge and jury. Both defendants applied for the trial to be conducted by a judge sitting without a jury, citing significant pre-trial publicity as a reason for their application. They argued that the publicity might prejudice the jury's ability to deliver a fair verdict.

The legal issues before the court were whether the trial should proceed with a jury or without one, and if there were special reasons justifying a no jury order. The applicants contended that the pre-trial publicity had the potential to affect the jury's impartiality, thereby impacting the fairness of the trial. They posited that a trial by judge alone would better serve the interests of justice.

The court examined the nature and extent of the pre-trial publicity, assessing its potential impact on jury deliberations. It considered the principles of open justice and the right to a trial by jury, weighing these against the necessity to ensure a fair trial in the circumstances. The court found that the publicity was extensive and had the potential to prejudice the jury. It concluded that there were special reasons justifying a trial by a judge sitting without a jury to ensure a fair trial. Consequently, the application was granted, and the trial proceeded without a jury.

Orders

Orders of the court

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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CITATION:	R v GZN & BYH [2024] QSCPR 7
PARTIES:	THE KING v GZN
(applicant)
BYH
(applicant)
FILE NO/S:	Indictment No 236 of 2023
DIVISION:	Trial Division
PROCEEDING:	Application under s 590AA Criminal Code
ORIGINATING	Supreme Court at Brisbane
COURT:
DELIVERED ON:	4 March 2024
DELIVERED AT:	Brisbane
HEARING DATE:	29 and 30 January 2024
JUDGE:	Williams J

ORDER:	1.	Upon being satisfied that it is in the interests of justice and that there are special reasons for the purposes of s 614(3) of the Criminal Code, pursuant to s 615(1) of the Criminal Code, THE COURT ORDERS THAT GZN and BYH be tried by a judge sitting without a jury for the trial on Indictment No 236 of 2023.
2.	The trial remains listed to commence on 5 February 2024.

CATCHWORDS:	CRIMINAL LAW – PROCEDURE – TRIAL HAD BEFORE JUDGE WITHOUT JURY – GENERALLY – where the co- accused are charged with a number of offences arising out home invasions – where the trial was listed to proceed before a judge and jury on a future date – where the identity of the trial judge is known – where the applicants applied for orders they be tried by a judge sitting without a jury for the trial – where the application is brought on the basis that there has been significant pre-trial publicity that may affect jury deliberations – where the co-accused contend it is in the interests of justice that the trial proceed without a jury – whether a no jury order ought to be made – whether there are special reasons to make a no jury order
Criminal Code 1899 (Qld), s 590AA, s 614, s 615 Criminal Practice Rules 1999 (Qld), r 42A
R v Pentland [2020] QSC 78, followed R v Karran [2022] QSCPR 9, followed R v Clough [2009] 1 Qd R 197, cited
R v Chardon [2018] QSPCR 17, cited R v Fardon [2010] QCA 317, cited R v Prisk and Harris [2009] QSC 315, cited R v Sica [2014] 2 Qd R 168, cited R v TAZ; R v SED (No 2) [2023] QSCPR 16, cited
COUNSEL:	D Finch for the Crown D Caruana & G Elmore for the applicant, GZN L Reece for the applicant, BYH
SOLICITORS:	Office of the Director of Public Prosecutions for the Crown Australian China Legal Group for the applicant, GZN Legal Aid Queensland for the applicant, BYH