Bell v The State of Western Australia [No 2]

The applicant, Bell, sought a trial by judge alone in the District Court of Western Australia. The dispute centred on Bell's application to avoid a jury trial due to the potential distress caused by photographic evidence of injuries. Bell argued that the graphic nature of the photographs might impede the jury's ability to objectively assess the evidence. The court needed to determine whether the interests of justice required a trial by judge alone, considering the potential impact of the distressing evidence on the jury's impartiality.

The court examined the nature of the injuries and the potential for the photographs to be highly distressing. It also assessed the effectiveness of possible directions to the jury to ensure they could evaluate the evidence objectively despite its graphic content. The central legal issue was whether the interests of justice warranted a trial by judge alone due to the likelihood that the photographic evidence would be so distressing as to impede the jury's ability to assess it properly.

After careful consideration, the court concluded that the interests of justice did indeed require a trial by judge alone. The court found that the photographs of the injuries were likely to be extremely distressing and that directions to the jury might not be effective in mitigating the potential impact on their ability to assess the evidence objectively. Consequently, the application for a trial by judge alone was granted. The court determined that the graphic nature of the evidence warranted this exceptional measure to ensure a fair trial.