The Court granted an application for trial by judge alone in a murder case where the sole issue at trial was whether the accused was of unsound mind under s 27 of the Criminal Code (WA) at the time of the offence, and whether any incapacity was independent of intentional intoxication under s 28. The Court was satisfied that the trial would involve competing expert psychiatric evidence without any factual issue requiring the application of objective community standards under s 118(6), and directed the parties to prepare an agreed statement of material facts to facilitate the trial.
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