The State of Western Australia v Dent

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.