Peters v Commissioner of Police

This matter concerned an application for permission to pursue a second appeal by the applicant, Ms Peters, against a decision of the Supreme Court of South Australia. The dispute originated from convictions for trespass and two counts of assault occasioning actual bodily harm, imposed by a magistrate. The assaults occurred during a confrontation at the home of the applicant's former domestic partner, Mr Blank, concerning access to their children. The applicant had entered Mr Blank's property without permission and subsequently bit Mr Blank's partner while being removed from the premises.

The primary legal issue before the Supreme Court was whether the magistrate ought to have recused himself from hearing the trial. This contention arose because the applicant had previously filed an application for an intervention order against Mr Blank before the same magistrate, which involved an affidavit detailing an alleged assault by Mr Blank on the applicant on the same date as the offending. The applicant argued that the magistrate's prior involvement with her intervention order application created an apprehension of bias.

The appeal judge, while noting that the right to object may have been waived by the applicant not raising it at trial, considered the merits of the objection. The judge found that the magistrate had not determined the intervention order application but had merely adjourned it, with the application ultimately being heard and determined by another magistrate. The magistrate's report indicated that he had only dealt with preliminary matters and could not have determined the application without oral evidence. Applying relevant authorities on disqualification, the appeal judge concluded that there was no valid basis for the objection and dismissed the ground of appeal.

Permission to pursue a second appeal was refused.