SUPREME COURT OF QUEENSLAND
CITATION:
R v Sica [2011] QSC 261
PARTIES:
R
v
SICA, Massimo
(applicant)FILE NO:
SC No 84 of 2011
DIVISION:
Trial
PROCEEDING:
Pre-Trial Application
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED ON:
26 August 2011
DELIVERED AT:
Brisbane
HEARING DATE:
26 August 2011
JUDGE:
Chief Justice
ORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – TRIAL HAD BEFORE JUDGE WITHOUT JURY – GENERALLY – where applicant charged with three counts of murder – where applicant seeks no jury order under s 615 Criminal Code (Qld) – where the trial was likely to be lengthy and potentially complex – where there was circumstantial evidence – where the case had attracted substantial pre-trial publicity – where an decision in the case had earlier been given by the Court of Appeal and was available on the Court’s webpage – whether a no jury order should be made
Criminal Code 1899 (Qld), s 615
Jury Act 1995 (Qld), s 34
Doney v R (1990) 171 CLR 207
Gilbert v R (2000) 201 CLR 414
R v Fardon [2010] QCA 317
R v Glennon (1992) 173 CLR 592
Western Australia v Martinez (2006) 150 A Crim R 380COUNSEL:
S Di Carlo for the applicant
M R Byrne SC, with B G Campbell, for the respondentSOLICITORS:
Howden Saggers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
CHIEF JUSTICE: The applicant has been charged with three counts of murder. The trial has been set down to commence on 30 January 2012. The applicant seeks an order under s 615 of the Criminal Code that he be tried by a Judge sitting without a jury.
Section 615 provides:
“615 Making a no jury order
(1)The court may make a no jury order if it considers it is in the interests of justice to do so.
(2)However, if the prosecutor applies for the no jury order, the court may only make the no jury order if the accused person consents to it.
(3)If the accused person is not represented by a lawyer, the court must be satisfied that the accused person properly understands the nature of the application.
(4)Without limiting subsection (1), (2) or (3), the court may make a no jury order if it considers that any of the following apply—
(a)the trial, because of its complexity or length or both, is likely to be unreasonably burdensome to a jury;
(b)there is a real possibility that acts that may constitute an offence under section 119B would be committed in relation to a member of a jury;
(c)there has been significant pre-trial publicity that may affect jury deliberations.
(5) Without limiting subsection (1), the court may refuse to make a no jury order if it considers the trial will involve a factual issue that requires the application of objective community standards including, for example, an issue of reasonableness, negligence, indecency, obscenity or dangerousness.”
The primary submission advanced by Mr Di Carlo, who appeared for the applicant, was that…
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- AGLC
- R v Sica [2011] QSC 261
- Case
- [2011] QSC 261
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the trial should proceed with a jury or without one. The court considered several factors in making its decision, including the nature of the evidence, the complexity of the case, and the potential impact of pre-trial publicity on the fairness of the trial. The court examined the circumstances under which a no jury order could be made and assessed whether they were satisfied in this case. It weighed the potential advantages of a judge-alone trial against the right to a jury trial, which is constitutionally protected.
The court ultimately decided that a no jury order should not be made. It found that while the trial was likely to be lengthy and complex, and the evidence was largely circumstantial, these factors alone did not justify dispensing with a jury. The court also considered the substantial pre-trial publicity but determined that it did not irreversibly taint the potential jury pool. The decision of the Court of Appeal, which was available to the public, did not influence the court’s decision on the no jury order. The court concluded that the right to a jury trial was paramount and should not be overridden absent compelling circumstances.
The final order was that the application for a no jury order was refused. The trial proceeded with a jury, ensuring that the applicant's constitutional right to be tried by his peers was upheld.
Orders
Orders of the court
Application refused.
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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