R v Pentland

[2020] QSC 78

SUPREME COURT OF QUEENSLAND

CITATION:

R v Pentland [2020] QSC 78

PARTIES:

THE QUEEN
v

NEIL ANDREW PENTLAND

FILE NO/S:

Indictment No 532 of 2019

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland

HEARING DATE:

1 April 2020

ORDERS MADE:

REASONS:

DELIVERED AT:

1 April 2020

27 April 2020

Brisbane

JUDGE:

Burns J

ORDERS:

The orders of the court pursuant to s 615 of the Criminal Code 1899 (Qld) are that:

1.     Neil Andrew Pentland be tried by a judge sitting without a jury;

2.     The trial remain listed to commence before Martin J on 20 July 2020.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – TRIAL HAD BEFORE JUDGE WITHOUT JURY – GENERALLY – where the accused is charged on indictment with murder – 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 jury trials were subsequently suspended because of the COVID-19 pandemic – where the accused made application for a no jury order pursuant to s 614 of the Criminal Code 1899 (Qld) – whether it is in the interests of justice that a no jury order be made – whether there are special reasons for making a no jury order

Commonwealth of Australia Constitution Act 1901 (Cth), s 80
Criminal Code 1899 (Qld), s 24, s 119B, s 590AA, s 614, s 615, s 615A, s 615D
Criminal Practice Rules 1999 (Qld), r 7, r 42A
Youth Justice Act 1992 (Qld), Part 6

Arthurs v State of Western Australia [2007] WASC 182, cited
Coates v Western Australia [2009] WASCA 142, cited
R v BCM [2014] QSC 321, cited
R v Belghar [2012] NSWCA 86, cited
R v Chardon [2015] QDC 59, cited
R v Chardon [2018] QSCPR 17, cited
R v Clough [2009] 1 Qd R 197, cited
R v Coman [2020] QSC 60, cited
R v Fardon [2010] QCA 317, cited

R v Hanna & McAllum [2019] QDCPR 50, followed

R v Kissier [2012] 1 Qd R 353, followed
R v Madden [2015] QDC 340, cited
R v McNeil [2015] NSWSC 357, referred
R v Patel [2012] QSC 419, discussed
R v Perry (1993) 29 NSWLR 589, cited
R v Prisk & Harris [2009] QSC 315, followed
R v Sica [2011] QSC 261, cited
R v Sica [2014] 2 Qd R 168, followed
R v WHA [2013] QDC 338, cited

COUNSEL:

S Holt SC and B Dighton for the applicant
D Meredith for the respondent

SOLICITORS:

Gilshenan & Luton Legal Practice for the applicant
Office of the Director of Public Prosecutions (Qld) for the respondent

1. The applicant, Neil Andrew Pentland, is charged on indictment with one count of murder.

2. On 12 March 2020, his trial was listed to commence before Martin J and a jury on 20 July 2020 for an estimated duration of five weeks.

3. Four days later, as…