Yazhi Wang v The Queen

In the case of Wang v The Queen, the applicant, Wang, was appealing against a decision made by a judge of the Supreme Court of Victoria. Wang had been charged with various offences which she allegedly committed alongside co-offenders. Wang chose to proceed with her case by way of a straight hand-up brief committal, while committal hearings for her alleged co-offenders were scheduled for February 2021. Wang sought an order for her charges to be tried by a judge alone, but the judge refused her request on the basis that the consent of the alleged co-offenders was required.

The primary legal issue before the court was whether the judge had erred in refusing Wang's request for her charges to be tried by a judge alone. Wang argued that the requirement for the consent of the alleged co-offenders was not supported by the provisions of the Criminal Procedure Act 2009. The court had to determine whether the judge's interpretation of the statutory provisions was correct, and if Wang's request for a trial by judge alone was valid in the absence of the alleged co-offenders' consent.

The court found that the requirement for the consent of the alleged co-offenders was indeed supported by the relevant provisions of the Criminal Procedure Act 2009. The court held that Wang's request for a trial by judge alone was not valid in the absence of the alleged co-offenders' consent, as the statutory provisions required the consent of all accused persons for such an order to be made. The court concluded that the judge had not erred in refusing Wang's request, and therefore dismissed the appeal. The court further found that the indictment filed against Wang, which was in a draft and unsigned form, was valid as it engaged the power under section 420D of the Criminal Procedure Act 2009 to make an order that the charges against Wang be tried by a trial judge alone. The court refused leave to appeal from the judge's decision, as it found that the decision was not an appealable one.

The court's decision in this case highlights the importance of ensuring that all statutory requirements are met when seeking a trial by judge alone, particularly in cases where co-offenders are involved. The court's interpretation of the relevant provisions of the Criminal Procedure Act 2009 serves as a reminder to practitioners that the consent of all accused persons is necessary for such an order to be made. Furthermore, the court's finding that the draft and unsigned indictment was valid provides guidance on the requirements for a valid indictment under the Act.