CITATION: THE STATE OF WESTERN AUSTRALIA -v- DENT [2023] WASC 69
CORAM: MCGRATH J
HEARD: 13 MARCH 2023
DELIVERED : 13 MARCH 2023
FILE NO/S: INS 32 of 2022
BETWEEN: THE STATE OF WESTERN AUSTRALIA
Applicant
AND
ROBERT GEORGE DENT
Respondent
Catchwords:
Criminal procedure - Accused's application for trial by judge alone - Charge of murder - Unsoundness of mind - Section 27 of the Criminal Code (WA) - Expert psychiatric evidence - Whether objective community standards required in circumstances - Turn on own facts
Legislation:
Criminal Code (WA), s 27, s 279 Criminal Procedure Act 2004 (WA), s 118
The applicant, Mr Dent, has been indicted on two counts that on 21 September 2021 he murdered his mother and father contrary to s 279 of the Criminal Code.
Mr Dent has pleaded not guilty to the counts and is preceding to trial.
Mr Dent applies, pursuant to s 118 of the Criminal Procedure Act 2004 (WA)(CPA), for his trial to be heard by judge alone without a jury.
The basis for the application is that it is in the interests of justice to grant the order for a judge alone trial, given that the single issue for determination of the trial will be whether Mr Dent was of unsound mind at the time of the alleged offending pursuant to s 27 of the Criminal Code.
For the following reasons, I have…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
The State of Western Australia v Dent [2023] WASC 69
Case
[2023] WASC 69
Decision Date
CaseChat Overview and Summary
The Supreme Court of Western Australia heard an application from Robert George Dent, who has been indicted on two counts of murder. Dent has pleaded not guilty and is proceeding to trial. The application was for the trial to be heard by a judge alone without a jury, pursuant to s 118 of the Criminal Procedure Act 2004 (WA). The application was based on the argument that the sole issue for determination at trial would be whether Dent was of unsound mind at the time of the alleged offending, a matter that would be more appropriately decided by a judge alone. The State consented to the application, but this was not determinative of the outcome. The court considered the principles established in various cases and the relevant factors in determining what is in the interests of justice. Given that the sole issue at trial would be Dent's mental capacity at the time of the alleged offending and that there was no need for a jury to consider objective community standards, the court concluded that it was in the interests of justice to make an order for a trial by judge alone. The application was granted.
Final orders: The application for a trial by judge alone is granted.