- Case summary
Criminal Law - Murder- the application by the AG to have the accused tried by judge alone as opposed by judge & jury breaches the accused's right to fair trial.
The accused has right to fair trial - the right to fair trial for murder prior to the passing of the Abolition of the Death Penalty Act 2021, would have meant a trial by judge & jury, that has not been abrogated by the ADPA 2021.
Application for trial for judge alone should only be made if there are compelling reasons for doing so.
This document is 10.1 MB. Do you want to load it?