R v Sultana (No.4)
[2025] NSWSC 1099
•14 July 2025
Supreme Court
New South Wales
Medium Neutral Citation: R v Sultana (No.4) [2025] NSWSC 1099 Hearing dates: 14 July 2025 Date of orders: 14 July 2025 Decision date: 14 July 2025 Jurisdiction: Common Law Before: Garling J Decision: Order, pursuant to s 132(2) of the Criminal Procedure Act 1986 (NSW), that the accused be tried by a judge alone.
Catchwords: CRIMINAL PROCEDURE – Trial – Judge alone – Whether in interests of justice – Where the accused makes application for a trial by judge alone and the Crown does not oppose – Application made less than 28 days before the date fixed for commencement of trial – Application granted
Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 132, 132A
Cases Cited: Not Applicable
Texts Cited: Not Applicable
Category: Procedural rulings Parties: The Crown
Paul Jason Sultana (Accused)Representation: Counsel:
Solicitors:
Y Prowse (Crown)
Dr G Woods KC (Accused)
Director of Public Prosecutions (Crown)
Proctor & Associates (Accused)
File Number(s): 2023/17108 Publication restriction: Not Applicable
ex tempore JUDGMENT
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On 1 July 2025, an application was heard by Rigg J for trial by judge alone, that application being made pursuant to s 132(1) of the Criminal Procedure Act 1986 (NSW). For the reasons which her Honour published, she dismissed that application.
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Since that time, there have been a number of pre-trial applications resulting in a number of judgments with respect to non-disclosure, suppression orders, the admissibility of a range of evidence, including tendency evidence which the Crown will be permitted to lead, and also whether a stay of the trial should be ordered, depending upon whether a particular witness was to be called. Those matters have been considered and have been the subject of judgments delivered by me.
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Today, 14 July 2025, the trial has convened for the purpose of its commencement in front of a jury. The transcript of proceedings earlier this day is recorded, and I do not see the need to repeat or summarise all that has occurred.
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It is plain that the accused is personally deeply troubled by the prospect of a trial before a jury. Indeed, he is deeply troubled by the prospect of any trial, because he says he is entirely innocent of the offence with which he is charged. But it seems to me that he accepts that a trial must take place to see if the Crown's case is proved or not.
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After the proceedings this morning, including a lengthy adjournment to enable Dr Woods KC of counsel, and his solicitor, to explore with the accused the current state of their instructions, application has been made for leave, pursuant to s 132A of the Criminal Procedure Act 1986 (NSW), to make a further application for trial by judge alone and without a jury.
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In light of all of the developments since 1 July 2025, including the exchanges which have occurred today, the Crown has indicated that, if leave were granted to the accused to make such an application, although it is being made less than 28 days before the date fixed for the trial to commence, the Crown would not oppose such an application.
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It is unnecessary for me to enunciate all of the issues which point to a trial by judge alone as being, in the present circumstances, the appropriate way to proceed. In my view, in order to ensure that the interests of justice in a fair trial are protected, and also to ensure that a trial can be conducted with some flexibility, and to avoid a prospect of some event arising in the course of a jury trial which would lead to the discharge of the jury, it is an appropriate case in which, in light of recent developments, I should grant the accused leave to make the application today, and I so grant that leave.
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In that respect, I note that the application having been made by the accused, and the prosecutor not opposing the application, I am obliged under s 132(2) of the Criminal Procedure Act 1986 (NSW) to order that the trial be conducted by judge alone. It is a matter in which my view as to the appropriateness of that course is irrelevant because the legislation obliges the Court to make that order, which I now do.
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Accordingly, I order pursuant to s 132(2) of the Criminal Procedure Act 1986 (NSW) that the accused be tried by a judge alone.
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Decision last updated: 25 September 2025
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