Silva v The State of Western Australia

[2014] WASC 500

SILVA -v- THE STATE OF WESTERN AUSTRALIA [2014] WASC 500

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2014] WASC 500
Case No:	INS:301/2014	Heard:	ON THE PAPERS
Coram:	McKECHNIE J	Delivered:	19/12/14
No of pages:	3	Judgment Part:	1 of 1
Result:	Order for trial by judge alone
Category:	B
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Parties:	CARLOS MARCHELO SILVA THE STATE OF WESTERN AUSTRALIA
Catchwords:	Criminal law Trial by judge alone No new principles
Legislation:	Criminal Procedure Act 2004 (WA), s 118
Case References:	Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : SILVA -v- THE STATE OF WESTERN AUSTRALIA [2014] WASC 500 CORAM : McKECHNIE J HEARD : ON THE PAPERS DELIVERED : 19 DECEMBER 2014 FILE NO/S : INS 301 of 2014 BETWEEN : CARLOS MARCHELO SILVA

Applicant

AND

THE STATE OF WESTERN AUSTRALIA
Respondent

Catchwords:

Criminal law - Trial by judge alone - No new principles

Legislation:

Criminal Procedure Act 2004 (WA), s 118

Result:

Order for trial by judge alone

Category: B

Representation:

Counsel:

Applicant : No appearance
Respondent : No appearance

Solicitors:

Applicant : Legal Aid (WA)
Respondent : Director of Public Prosecutions (WA)

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

Nil


1 McKECHNIE J: The accused is charged that on 20 January 2014 at Karawara he wilfully and unlawfully destroyed a house at 18 Lurnea Place, Karawara and that the house was destroyed by fire.

2 The accused applies for a trial before a judge sitting without a jury. The only issue of the trial is whether the accused had lost one of the capacities under the Criminal Code (WA) s 27 at the time of the commission of the offence; that is, whether the accused may be not guilty on the grounds of unsoundness of mind.

3 The matter is listed for a four day trial commencing on 16 March 2015. The identity of the judge is not known to the parties.

4 The defining characteristics of an order is that it is made in the interests of justice.

5 The accused has admitted, or will admit, that he did the physical acts constituting the offence but asserts that he is not guilty by reason of unsoundness of mind.

6 The case will be resolved by psychiatric evidence from expert witnesses. The case does not involve objective community standards (Criminal Procedure Act 2004 (WA) s 118(6). The prosecution consents to an order.

7 I conclude that it is in the public interest that the trial proceed before a judge sitting without a jury. The trial is not likely to involve issues of credibility. It will involve the analysis of expert evidence, a task well suited to a trial by a judge.