Where the sole issue at trial is the insanity defence under s 27 of the Criminal Code 1913 (WA) and the trial will turn on complex expert psychiatric evidence with no factual dispute requiring the application of objective community standards, a judge-alone trial order under s 118 of the Criminal Procedure Act 2004 (WA) is likely to be granted, particularly where both prosecution and defence agree it is in the interests of justice.
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