QLD application for no jury order

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Zreberger93

Active Member
12 July 2020
6
0
31
hello,my matter is listed in the district court for trial in feb.
i would like to make an application for no jury as the dpp has said case will go for 5 days.

i had a lawyer who had it administratively transferred to district so there was no committal hearing,i have since gone self represented as i can't afford a lawyer anymore.
i have been using community legal centers for advice and all of them are of the opinion this a complex but very sloppy case.

i would like to know what material do i submit with the application if any?i believe a judge looking at the alleged evidence would be a better option.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
I suggest reading this page by Gilshenan & Luton: Criminal trials before a jury or judge alone

Section 615 of the Criminal Code appears relevant here (https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1899-009). Notably from that section:
"(1) The court may make a no jury order if it considers it is in the interests of justice to do so.

...

(3) If the accused person is not represented by a lawyer, the court must be satisfied that the accused person properly understands the nature of the application.

(4) Without limiting subsection (1), (2) or (3), the court may make a no jury order if it considers that any of the following apply—
(a) the trial, because of its complexity or length or both, is likely to be unreasonably burdensome to a jury;
(b) there is a real possibility that acts that may constitute an offence under section 119B would be committed in relation to a member of a jury;
(c) there has been significant pre-trial publicity that may affect jury deliberations.

(5) Without limiting subsection (1), the court may refuse to make a no jury order if it considers the trial will involve a factual issue that requires the application of objective community standards including, for example, an issue of reasonableness, negligence, indecency, obscenity or dangerousness."