Section 118 of the Criminal Procedure Act 2004 (WA) does not establish any presumption in favour of jury trial; the court starts from a neutral position. The scope of s 118(6) is limited to cases involving a genuine spectrum of community standards (reasonableness, negligence, indecency, obscenity, dangerousness) and does not extend to cases of intentional homicide or sexual offences against children where community standards are clear and uncontroversial. An accused's non-fanciful apprehension of jury prejudice from pre-trial publicity may of itself be sufficient to warrant trial by judge alone. The obligation to provide reasoned judgment is a significant factor favouring judge-alone trial where evidence is emotionally disturbing.
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