R v Sultana (No.4)

The case of R v Sultana (No.4) was heard before the Supreme Court of Victoria. The defendant, Sultana, applied for a trial by judge alone in relation to charges of drug trafficking. The Crown did not oppose the application. The application was made less than 28 days before the trial was scheduled to commence. The court was tasked with determining whether it was in the interests of justice to grant the application under the relevant provisions of the Sentencing Act 1991 (Vic).

The legal issue before the court was whether the application for a trial by judge alone could be granted when it was made less than 28 days before the trial date, even though the Crown did not oppose the application. The court considered the statutory provisions and relevant case law to determine whether the application could be granted under the circumstances. The court also had to weigh the interests of justice in light of the short notice given by the defence.

The Supreme Court held that the application could be granted despite being made less than 28 days before the trial date. The court found that the statutory requirement of giving 28 days' notice was a guideline rather than a strict rule, and the overriding consideration was whether it was in the interests of justice to grant the application. Since the Crown did not oppose the application, the court concluded that it was in the interests of justice to grant the application. The court emphasised that the interests of justice could be served by granting the application even when the notice period was short, provided that the Crown did not object.

The final orders of the court were that the application for a trial by judge alone was granted. The trial proceeded before a judge alone, as requested by the defendant.