An Illawarra woman has won the right to have her manslaughter charge determined by a judge rather than a jury.
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The woman, who cannot be named for legal reasons, is accused of failing to get her two-year-old daughter medical treatment for an illness, which claimed the child’s life on October 11, 2009.
Investigating police later charged the woman with manslaughter by criminal negligence.
She had been due to stand trial in the NSW District Court last year, however the trial was vacated and rescheduled to begin this week in Sydney.
At the outset of the trial on Monday, defence lawyers applied to have the case determined by a single judge rather than the traditional 12-person jury.
The lawyers argued that the fractured availability of multiple expert witnesses who would be called to give evidence – namely doctors and medical specialists – meant it would be difficult to conduct the trial in a linear, uninterrupted manner.
The court heard for example, one witness, a medical specialist, was only available to give evidence on a Sunday, as he was busy performing surgeries.
The Crown did not oppose the application and it was granted by presiding judge David Frearson.
The court heard a number of witnesses would give evidence, including the child’s step-grandmother, who looked after the toddler before her death.
Lawyers are expected to spend the next few days on legal issues, with witnesses unlikely to begin evidence until later in the week.