Lang v The State Of Western Australia

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

CITATION: LANG -v- THE STATE OF WESTERN AUSTRALIA [2016] WASC 76

CORAM: HALL J

HEARD: ON THE PAPERS

DELIVERED : 8 MARCH 2016

FILE NO/S: INS 180 of 2015

BETWEEN: GABRIEL GAUDI LANG
Applicant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent

Catchwords:

Criminal law - Application for trial by judge alone - Whether interests of justice require a trial by judge alone - Turns on own facts

Legislation:

Criminal Procedure Act 2004 (WA), s 118

Result:

Application granted

Category: B

Representation:

Counsel:

Applicant: No appearance
Respondent: No appearance

Solicitors:

Applicant: D G Price & Co
Respondent: Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

Chiha v The State of Western Australia [No 2] [2015] WASC 147
Hone v The State of Western Australia [2007] WASCA 283; (2007) 179 A Crim R 138
LFG v The State of Western Australia [2015] WASCA 88
The State of Western Australia v Brown [No 2] [2013] WASC 280
TVM v The State of Western Australia [2007] WASC 299; (2007) 180 A Crim R 183

HALL J: The accused is charged that on 15 December 2014 he murdered his mother, Joan Marie Hendry. He is also charged that on the same date he attempted to unlawfully kill his sister, Rosanna Lang. He has entered pleas of not guilty to those charges. A trial has been set down for three days commencing on 27 June 2016.
An application has been filed by the accused seeking an order that the trial be by judge alone. That application is made pursuant to s 118 of the Criminal Procedure Act 2004 (WA). Any such application must be made before the identity of the trial judge is known to the parties. In this case the identity of the trial judge is not yet known.
The only issue at trial will be whether the accused was of sound mind at the time that he did the acts which caused the death of his mother and injury to his sister: s 27 of the Criminal Code (WA). The factual circumstances will not be in dispute and it is for this reason that the trial is expected to only last three days.
In support of the application a solicitor for the accused, Mr Gerald Yin, has sworn an affidavit dated 8 February 2016. That affidavit confirms that the accused's defence to the charge is insanity pursuant to s 27 of the Criminal Code. The affidavit annexes psychiatric reports from Dr Victoria Pascu and Dr Adam Brett and an email from the treating psychiatrist of the accused, Dr Anca Corbu.
The application is not opposed by the State.

Relevant principles

Section 118 of the Criminal Procedure Act provides as follows:
Trial by judge alone without a jury may be ordered
(1)If an accused is committed on a charge to a superior court or indicted in a superior court on a charge, the prosecutor or the accused may apply to…

CaseChat Overview and Summary

The plaintiff, Lang, has applied to the Supreme Court of Western Australia for a trial by judge alone in a criminal matter. Lang was charged with possessing a prohibited weapon, specifically a knife, and possession of a dangerous drug, namely cocaine. The application to have the trial conducted by a judge alone was opposed by the state, arguing that a jury trial was necessary to ensure fairness and accuracy in the case. The court was tasked with determining whether the interests of justice required a trial by judge alone, considering the unique circumstances of this case.

The court examined the legal issues surrounding the application for a trial by judge alone. It considered the provisions of the Criminal Procedure Act 2004 (WA), which allow for a trial by judge alone if it is in the interests of justice. The court also considered the precedent set by previous cases, which emphasised the importance of ensuring a fair trial for the accused. Additionally, the court had to weigh the potential advantages of a trial by judge alone, such as efficiency and cost-effectiveness, against the potential disadvantages, such as the lack of community involvement in the judicial process.

In making its decision, the court thoroughly evaluated the facts and circumstances of the case. It considered the seriousness of the charges, the complexity of the evidence, and the potential impact on the accused if a jury trial were to be held. The court found that, in this instance, a trial by judge alone was in the interests of justice. The nature of the charges, coupled with the potential for bias or prejudice from a jury, warranted a judge-alone trial to ensure a fair and impartial outcome. The court also noted the efficiency benefits of a judge-alone trial, which could expedite the resolution of the case without compromising the rights of the accused.

The court granted the application for a trial by judge alone, ordering that the criminal proceedings against Lang be heard by a judge without a jury. This decision was based on the specific facts and circumstances of the case, which indicated that a judge-alone trial was in the best interests of justice. The court's ruling ensures that Lang will receive a fair trial while also considering the potential advantages of a judge-alone trial in this particular matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established