Flowers v State of New South Wales

In *Flowers v State of New South Wales*, the applicant sought the disqualification of Beech-Jones JA from hearing proceedings on the grounds of apprehended bias. The applicant's motion for disqualification was based on a previous dismissal of a similar motion at first instance, which the applicant contended raised no question of principle.

The central legal issue before the court was whether Beech-Jones JA apprehended bias, such that he should recuse himself from the proceedings. This required an assessment of whether a fair-minded lay observer, informed of all the relevant facts, would apprehend that the judge might not bring an impartial mind to the issues before him.

Beech-Jones JA reasoned that the previous dismissal of a motion for disqualification at first instance, which was not appealed on a question of principle, did not create a situation where apprehended bias could be established. His Honour concluded that the circumstances did not give rise to a reasonable apprehension of bias.

Consequently, Beech-Jones JA declined to disqualify himself from hearing the proceedings.