Why isn’t the Brittany Higgins trial conducted by Judge alone?

Oct 6, 2022 | Publication | 0 comments

The trial of Bruce Lehrmann who is charged with sexual intercourse with Brittany Higgins without consent commenced on 4 October before 16 jurors.

Given the significant media reporting over the allegations, the non-existence of provision for a judge alone trial in the ACT has drawn fresh criticism.

In the ACT, the law requires sexual assault trials to take place before a jury and does not provide an option for the parties to elect for there to be a judge alone trial. This is unlike in New South Wales.

In May 2022, the representatives for the accused, Mr Lehrmanm, brought an application for a permanent stay of proceedings on the basis that the intense and prolonged publicity would make it impossible to find 12 impartial jurors required for a fair trial.

The application was to permanently halt the proceedings, which is different to a temporary stay application which, if successful, would result in a trial being postponed until the impact of the unfair prejudice subsides.

Mr Lehrmann also applied for a take-down order requiring media outlets to delete reports about the case, as well as a non-publication order prohibiting the media from further publishing reports until the trial is concluded.

However, Chief Justice Lucy McCallum “concluded that all of the relief sought in the application must be refused”.

In May 2022, journalist Lisa Wilkinson won a Logie award for most outstanding news coverage or public affairs report for her work on the Higgins allegations and in her speech referred to her coverage of the Higgins story.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

McAuley Lawyers Expands to Penrith to Serve Western Sydney

McAuley Lawyers is pleased to announce the opening of its newest office in Penrith, expanding the firm’s presence across Greater Sydney and bringing its full range of legal services to one of the fastest-growing regions in New South Wales. The new office is located...

McAuley Lawyers Welcomes Roland Barros

McAuley Lawyers is pleased to announce that Roland Barros has joined the firm as a solicitor, bringing with him decades of legal experience and a strong reputation for providing practical and reliable legal advice. Admitted as a solicitor in 1978, Roland brings more...

Application for consent to vasectomy

A Western Australian Tribunal considered an application by the parents of a 23-year-old man, referred to as JC. They were seeking approval for a vasectomy under the Guardianship and Administration Act 1990 (WA). JC has a rare genetic condition that causes an...

NSW Government Strengthens Laws to Combat Crime and Corruption

The New South Wales Government has introduced a bill designed to strengthen the legal framework for investigating serious crime and corruption. The reforms aim to equip investigative agencies with more effective tools while carefully balancing privacy protections....