The State of Western Australia v Strabach

[2012] WASC 97

THE STATE OF WESTERN AUSTRALIA -v- STRABACH [2012] WASC 97

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2012] WASC 97
Published:	21/03/2012
Case No:	INS:172/2011	Heard:	14 MARCH 2012
Coram:	McKECHNIE J	Delivered:	14/03/12
No of pages:	3	Judgment Part:	1 of 1
Result:	Application granted
Category:	B
PDF Version

Parties:	THE STATE OF WESTERN AUSTRALIA VALENTINA MARINA STRABACH
Catchwords:	Criminal law Trial by judge alone No new principles
Legislation:	Nil
Case References:	The State of Western Australia v Rayney [2011] WASC 326

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : THE STATE OF WESTERN AUSTRALIA -v- STRABACH [2012] WASC 97 CORAM : McKECHNIE J HEARD : 14 MARCH 2012 DELIVERED : 14 MARCH 2012 FILE NO/S : INS 172 of 2011 BETWEEN : THE STATE OF WESTERN AUSTRALIA

Prosecution

AND

VALENTINA MARINA STRABACH
Accused

Catchwords:

Criminal law - Trial by judge alone - No new principles

Legislation:

Nil

Result:

Application granted

(Page 2)

Category: B

Representation:

Counsel:

Prosecution : Ms L Petrusa
Accused : Mr S F Rafferty

Solicitors:

Prosecution : Director of Public Prosecutions (WA)
Accused : Seamus Rafferty

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

The State of Western Australia v Rayney [2011] WASC 326


(Page 3)

McKECHNIE J:

(This is a decision delivered orally on 14 March 2012 and edited from the transcript).

1 The accused has applied for a trial by judge alone: Criminal Procedure Act 2004 (WA) s 118. The principles to be applied have recently been examined in The State of Western Australia v Rayney [2011] WASC 326. An order is made in the interests of justice.

2 The State consents to the application, its position being that I could be satisfied that it was in the interests of justice that the trial take place by judge alone given that the issue to be determined is one as to the insanity or otherwise of the accused person. In those circumstances reasons for any finding would be in the interests of justice.

3 The application is supported by affidavit and psychiatric reports obtained by both the accused and the prosecution, neither of which are in significant disagreement.

4 Essentially there will be nothing in issue between the parties. I consider that it would be in the interests of justice for this trial to proceed by judge without jury. The application is granted.