The State of Western Australia v Ugle

[2018] WASC 337

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

CITATION:   THE STATE OF WESTERN AUSTRALIA -v- UGLE [2018] WASC 337

CORAM:   PRITCHARD J

HEARD:   26 OCTOBER 2018

DELIVERED          :   26 OCTOBER 2018

PUBLISHED           :   7 NOVEMBER 2018

FILE NO/S:   INS 260 of 2017

BETWEEN:   THE STATE OF WESTERN AUSTRALIA

Prosecution

AND

TANYA MYNETTE UGLE

Defence

Catchwords:

Criminal law - Criminal procedure - Application for trial by judge alone - Competing psychiatric evidence - Insanity and voluntary intoxication in issue

Legislation:

Criminal Code, s 27, s 28, s 279
Criminal Procedure Act 2004 (WA), s 118

Result:

Application granted

Category:    B

Representation:

Counsel:

Prosecution	:	Mr S O'Sullivan
Defence	:	Mr A E Eyers

Solicitors:

Prosecution	:	Director of Public Prosecutions (WA)
Defence	:	Ian Hope Barristers and Solicitors

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

Chiha v The State of Western Australia [No 2] [2015] WASC 147

LFG v The State of Western Australia [2015] WASCA 88; (2015) 48 WAR 178

Steele v The State of Western Australia [2018] WASCA 133

The State of Western Australia v Herbert [2017] WASC 101

PRITCHARD J:

(These reasons were delivered extemporaneously on 26 October 2018 and have been edited from the transcript.)

1. Ms Ugle has been charged with the murder of Mr Jamahl Jordan Ugle, contrary to s 279 of the Criminal Code.  Mr Ugle was the biological son of the accused.  The accused's trial is listed to commence in this Court on 3 December 2018. 

2. Ms Ugle now applies for a trial by a judge alone pursuant to s 118 of the Criminal Procedure Act 2004 (WA) (Application).

3. The Application is supported by the affidavit of Anthony Eyers sworn 17 October 2018. 

4. The State does not oppose the Application. 

5. An application of this kind is to be made before the parties know of the identity of the trial judge.[1]  The parties do not know the identity of the trial judge. 

   [1] Criminal Procedure Act 2004 (WA) s 118(2).

6. Having heard the submissions of counsel today as to the issues which will be in dispute at trial, for the reasons which follow, I am satisfied that it is in the interests of justice that there be a trial by judge alone in this case. 

Section 118 of Criminal Procedure Act

1. Section 118 of the Criminal Procedure Act provides:

   (1)If an accused is committed on a charge to a superior court or indicted in a superior court on a charge, the prosecutor or the accused may apply to the court for an order that the trial of the charge be by a judge alone without a jury.

   (2)Any such application must be made before the identity of the trial judge is known to the parties.

   (3)On such an application, the court may inform itself in any way it thinks fit.

   (4)On such an application the court may make the order if it considers it is in the interests of justice to do so but, on an application by the prosecutor, must not do so…