R v So (No 1)

In this case, the accused, a transgender woman not fluent in English, was facing trial for a criminal offence. The nature of the dispute involved the accused's application for the trial to be conducted by a judge alone rather than a jury. The application was made 27 days before the trial was due to commence, which was significantly short notice. The accused's trial was likely to involve evidence of her engagement in sex work and required the use of an interpreter for the accused, given her limited English proficiency. This raised logistical complexities associated with the presentation of expert evidence regarding disputed admissions allegedly made by the accused via the interpreter.

The legal issues before the court included whether the application for a trial by judge alone could be made at such a late stage, the difficulties associated with the accused's limited English proficiency and the potential for prejudice against the accused if tried by jury, and the Crown's consent to the application. The court had to weigh the potential prejudice to the accused against the interests of justice and the Crown's consent to the application.

The court determined that while the application was made late, the exceptional circumstances, including the accused's limited English proficiency, the potential for prejudice if tried by jury, and the Crown's consent, warranted granting the application. The court held that the interests of justice required the trial to be conducted by a judge alone. The logistical complexities and potential for prejudice were deemed sufficient to justify the late application and departure from the usual practice of requiring leave for such applications.

The final orders included the grant of the accused's application for a trial by a judge alone and the setting of a new trial date. The court also ordered that the trial would proceed with appropriate measures to ensure the accused's understanding and participation, including the use of an interpreter and any other necessary accommodations.