R v Lieu

The case of R v Lieu involved the respondent, Lieu, who was appealing against the decision of the Court of Appeal to dismiss his application for leave to apply out of time for a judge alone trial. The Court of Appeal had found that the application was not made within a reasonable time and that the respondent had not demonstrated exceptional circumstances justifying the delay. The application for leave to appeal was by consent, and the respondent sought to appeal against the Court of Appeal's decision.

The legal issue before the court was whether the Court of Appeal had erred in dismissing the respondent's application for leave to apply out of time for a judge alone trial. Specifically, the court had to consider whether the Court of Appeal had applied the correct legal principles in assessing whether the application was made within a reasonable time and whether the respondent had demonstrated exceptional circumstances justifying the delay. Additionally, the court had to consider whether the Court of Appeal had exercised its discretion in an unreasonable manner.

The court held that the Court of Appeal had not erred in dismissing the respondent's application for leave to apply out of time for a judge alone trial. The court found that the Court of Appeal had applied the correct legal principles in assessing whether the application was made within a reasonable time and whether the respondent had demonstrated exceptional circumstances justifying the delay. The court also found that the Court of Appeal had exercised its discretion in a reasonable manner, taking into account all relevant factors. The court concluded that the application for leave to appeal should be dismissed.

The court dismissed the application for leave to appeal against the Court of Appeal's decision. The respondent was not granted leave to apply out of time for a judge alone trial, and the original decision of the Court of Appeal stood. The court found that the Court of Appeal had applied the correct legal principles and exercised its discretion in a reasonable manner. The respondent was not entitled to a judge alone trial, and the decision of the Court of Appeal was upheld.