Anderson v The State of Western Australia [No 3]
[2015] WASCA 92
•7 MAY 2015
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: ANDERSON -v- THE STATE OF WESTERN AUSTRALIA [No 3] [2015] WASCA 92
CORAM: MAZZA JA
HEARD: 1 APRIL 2015
DELIVERED : 7 MAY 2015
FILE NO/S: CACR 197 of 2014
BETWEEN: MICHAEL WAYNE ANDERSON
Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :DAVIS DCJ
File No :IND 1258 of 2013
Catchwords:
Criminal law - Application to recuse judicial officer - Application without merit - Application refused
Legislation:
Nil
Result:
Application dismissed
Category: B
Representation:
Counsel:
Appellant: In person
Respondent: No appearance
Solicitors:
Appellant: In person
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Anderson v The State of Western Australia [2014] WASCA 107
Anderson v The State of Western Australia [No 2] [2014] WASCA 126
Anderson v The State of Western Australia [No 2] [2015] WASCA 91
Anderson v The State of Western Australia [No 3] [2014] WASCA 190
De Alwis v The State of Western Australia [No 4] [2015] WASCA 43
MAZZA JA: On 1 April 2015, the appellant applied for an order that I recuse myself from hearing various applications filed by him. Those applications are set out in the court's reasons in Anderson v The State of Western Australia [No 2] [2015] WASCA 91 which will be published at the same time as these reasons. After hearing the appellant, I dismissed the application with reasons to follow. Here are those reasons.
The appellant submitted that I should recuse myself because I have, on three prior occasions, refused his applications for bail pending appeal and I was part of the coram that refused him leave to appeal against sentence: Anderson v The State of Western Australia [2014] WASCA 107; Anderson v The State of Western Australia [No 2] [2014] WASCA 126; Anderson v The State of Western Australia [No 3] [2014] WASCA 190. He also told me he is seeking special leave to appeal to the High Court with respect to his appeal against sentence. He did not allege any bias on my part. In fact, he specifically stated that, 'I'm not saying there's any bias at all' (ts 19). Rather, he expressed a preference for another judge, who was a 'fresh face' who could provide a 'fresh perspective', to hear the proceedings.
The desire of a party to litigation to have a matter determined by a 'fresh face' is not a proper basis for a judicial officer to recuse himself or herself. Even if the matter had been put by the appellant on the basis that I was actually biased against him or that there was a reasonable apprehension of basis, the mere fact that I had decided other matters against the appellant does not provide a proper basis for me to recuse myself: see De Alwis v The State of Western Australia[No 4] [2015] WASCA 43.
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