The State of Western Australia v Evans

The State of Western Australia brought charges against Evans, who was accused of murder. Evans sought a trial by judge alone, citing the extensive media coverage of his earlier trial, which was documented in a television program. The application was made under section 118 of the Criminal Procedure Act 2004 (WA). The court was required to determine whether the extensive media coverage would make it difficult to secure a fair trial by jury. The central legal issue was whether the broadcasting of the earlier trial on television constituted a significant factor that would prejudice the potential for a fair trial.

The court considered the extensive media coverage and its impact on public perception. It recognised the potential for prejudice arising from the documentary, which detailed aspects of the case and the accused's earlier trial. The court concluded that the extensive media coverage, including the television documentary, could reasonably be seen as a factor that might prejudice the fairness of a trial by jury. Given these considerations, the court accepted Evans' application for a trial by judge alone. This decision was made to ensure that Evans received a fair trial, free from the potential bias that could arise from the media exposure.

The court ordered that Evans' trial proceed before a judge alone, acknowledging the significant impact of the media coverage on public perception. The decision highlighted the importance of maintaining the integrity of the judicial process and ensuring that the accused's right to a fair trial was protected. This ruling underscored the court's commitment to upholding the principles of justice, even in the face of extensive media scrutiny.