R v Mitchell [2020] QDC 89

Date: 20 May 2020
Court/Tribunal: District Court of Queensland
Judicial Officer: Cash QC DCJ
Human Rights Act 2019 (Qld) Sections: s 32
Rights Considered: Rights in criminal proceedings: right to a trial without unreasonable delay
Other Legislation: Criminal Code Act 1899 (Qld) ss 614 and 615
Keywords: Criminal law proceedings; Fair trial; COVID-19

The court considered an application for a no-jury trial and whether it was in the interests of justice for the trial to proceed on a judge alone basis. The right to be tried without unreasonable delay pursuant to section 32(2)(c) of the Human Rights Act 2019 (Qld) was considered relevant, but there was no substantive discussion of the right or its application.

In this case, the applicant faced charges of unlawful wounding with intent to do grievous bodily harm and three summary offences. He sought a no jury order in relation to the trial of these matters pursuant to sections 614 and 615 of the Criminal Code Act 1899 (Qld). The applicant argued that an order to this effect should be made, given the suspension of jury trials in Queensland due to the COVID-19 pandemic and that it was ‘in the interests of justice that the applicant’s trial proceed expeditiously, particularly having regard to the age of the matter and the applicant’s time spent on remand’: at [5]. Cash QC DJC considered whether it was in the interests of justice to make a no jury order and whether there were ‘special reasons for making it’ pursuant to section 614(3) of the Criminal Code Act 1899 (Qld). His Honour noted that ‘the phrase “the interests of justice” is so general and abstract it takes on meaning only within the context of the circumstances of a particular application’: at [15].

His Honour stated that the relevant circumstances in this case were that the applicant was willing to waive his right to be tried by a jury; the matter could be dealt with efficiently before a judge sitting without a jury; the sole issue to be decided at the trial did not require the application of objective community standards; trial by jury was not available and would not be available for some time; and the application was supported by the prosecution: at [20]. His Honour also made note of the applicant’s right to be tried without unreasonable delay, provided under section 32(2)(c) of the Human Rights Act 2019 (Qld). His Honour held that, in this context, it was in the interests of justice to make a no jury order, and ordered that the applicant be tried by a judge sitting without a jury: at [21].

LINK: https://archive.sclqld.org.au/qjudgment/2020/QDC20-089.pdf