Western Australian Current Acts Western Australian Current Acts (1) If an accused
pleads not guilty to a charge on account of mental impairment and the judge is
satisfied —
(a) that
the only fact in issue between the accused and the State is whether, under The
Criminal Code section 27, the accused is not criminally responsible for an act
or omission on account of mental impairment; and
(b) that
the prosecutor consents, and the accused does not object, to the judge doing
so; and
(c) that
it is in the interests of justice to do so,
the judge —
(d) may
decide the issue referred to in paragraph (a) on any evidence and in any
manner the judge thinks just; and
(e) for
that purpose, may ascertain any fact by the verdict of a jury or otherwise;
and
(f) may
find the accused not guilty of the charge on account of mental impairment; and
(g) if
such a finding is made and a jury has been sworn to give a verdict on the
charge, must discharge the jury from giving its verdict on the charge.
(2) Subsection (1) is
in addition to and does not affect the operation of section 146.
[Section 93 amended: No. 10 of 2023 s. 412.]