R v John Paul Evans; R v Keith Evans - [2025] NSWSC 526

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v John Paul Evans; R v Keith Evans; [2025] NSWSC 526
Hearing dates: 29 May 2025
Date of orders: 29 May 2025
Decision date: 02 June 2025
Jurisdiction: Common Law - Criminal
Before: Davies J
Decision:
Notices of Motion filed by the Accused John Paul Evans and Keith Evans for a judge alone trial are refused.

Catchwords:
CRIMINAL PROCEDURE – applications for trial by judge alone – whether trial by judge alone in the interests of justice – where no evidence was led to explain delay in application – where context evidence of other offence necessary – where proposed expert evidence is not particularly complex – where courts proceed on the basis that juries are presumed to follow directions not to access internet materials relating to the event and the earlier trial – not in the interests of justice to order a trial by judge alone – applications refused

Legislation Cited:
Crimes Act 1900 (NSW) s 33
Criminal Procedure Act 1986 (NSW) ss 132, 132A
Interpretation Act 1997 (NSW) s 36

Cases Cited:
Alameddine v R [2022] NSWCCA 219
Director of Public Prosecutions (NSW) v Farrugia [2017] NSWCCA 197
Evans v R; Evans v R [2024] NSWCCA 245
R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1
R v Dawson [2022] NSWSC 552
R v Evans; R v Evans; R v Evans [2021] NSWSC 885
R v Niguidula [2023] NSWSC 290
R v Simmons; R v Moore (No 4) [2015] NSWSC 259; (2015) 249 A Crim R 120

Texts Cited:
Nil

Category: Procedural rulings
Parties: Crown
John Paul Evans (Accused)
Keith Evans (Accused)
Representation:
Counsel:
A Robertson (Crown)
J Stratton SC (Accused John Paul Evans)
M Fernando (Accused Keith Evans)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Archbold Gittani Lawyers (Accused John Paul Evans)
Bannisters Lawyers (Accused Keith Evans)

File Number(s): 2017/202629 & 2017/202678
Publication restriction: Nil

JUDGMENT

John Paul Evans and Keith Evans were convicted after a trial before Ierace J and a jury of the murder of Jesse Thompson on 3 July 2017.
Keith Evans was also convicted of wounding Jayke Rodgers with intent to cause grievous bodily harm on 2 July 2017 contrary to s 33 of the Crimes Act 1900 (NSW).
Justice Ierace sentenced Keith Evans to an aggregate sentence of 32 years’ imprisonment with a non-parole period of 22 years and 4 months and he sentenced John Evans to 31 years’ imprisonment with a non-parole period of 22 years and 6 months: R v Evans; R v Evans; R v Evans [2021] NSWSC 885.
On 19 December 2024 the Court of Criminal Appeal allowed appeals from each of John Evans and Keith Evans in respect of the convictions for murder, quashed those convictions and ordered that there be a new trial. The sentences imposed were also quashed but the conviction of Keith Evans for wounding was not disturbed: Evans v R; Evans v R [2024] NSWCCA…

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.

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Details

Case: [2025] NSWSC 526
Decision Date: 02 June 2025

CaseChat Overview and Summary

The defendants, John Paul Evans and Keith Evans, were jointly charged with a number of serious offences, including murder and conspiracy to commit murder. Their case was heard in the Supreme Court of Queensland. Both defendants applied for the trial to be conducted by a judge alone rather than by a jury, citing the principle that such a trial was in the interests of justice. They argued that a jury trial would be unfair due to the extensive media coverage of the case and the potential for prejudice.

The legal issues before the court involved determining whether the trial should be conducted by a judge alone. The court had to consider the absence of evidence to explain the delay in the application for a judge-alone trial, the necessity of context evidence of other offences, the complexity of the proposed expert evidence, and the presumption that juries would follow directions not to access internet materials relating to the case and a previous trial.

The court found that the absence of evidence to explain the delay in the application was significant, as it undermined the defendants' credibility and the justification for the application. Additionally, the court noted that the proposed expert evidence was not particularly complex, which further weakened the argument for a judge-alone trial. The court also proceeded on the basis that juries were presumed to follow directions not to access internet materials relating to the event and the earlier trial. Given these factors, the court concluded that it was not in the interests of justice to order a trial by judge alone, and both applications were refused.

No final orders were made in the text provided.

Orders