R -v- BARTLETT [No 8] [2014] WASC 49
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASC 49 | |
| 25/02/2014 | |||
| Case No: | INS:107/2012 | 16 DECEMBER 2013 & 21 JANUARY 2014 | |
| Coram: | EM HEENAN J | 21/01/14 | |
| 16 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| A | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Prosecution
AND
PETER MERVYN BARTLETT
First Accused
RONALD GEORGE SAYERS
Second Accused
Catchwords:
Criminal law - Procedure - Judge - Trial by jury - Application for disqualification on grounds of reasonable perception of bias - Retrial of accused
Legislation:
Criminal Code (Cth), s 135.4(3)
Result:
Application dismissed
Category: A
Representation:
Counsel:
Prosecution : Ms Tatas on 16 December 2013 & Mr P Roberts SC on 21 January 2014
First Accused : Mr C Boyce
Second Accused : Mr D G Staehli SC & Mr A E Eyers
Solicitors:
Prosecution : Director of Public Prosecutions (Cth)
First Accused : Clifford Chance
Second Accused : Clifford Chance
Case(s) referred to in judgment(s):
BHP Billiton Ltd v District Court of South Australia [2012] SASC 62; (2012) 112 SASR 494
Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225
Black v The Queen [1993] HCA 71; (1993) 179 CLR 44
British American Tobacco Australia Services Ltd v Laurie [2011] HCA…
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Details
- AGLC
- R v Bartlett [No 8] [2014] WASC 49
- Case
- [2014] WASC 49
- Decision Date
CaseChat Overview and Summary
The case involved a retrial of an accused, Bartlett, on charges of criminal offences. The applicant sought the disqualification of the presiding judge based on a perceived bias, arguing that a reasonable observer might believe the judge had prejudged the case. The application was made in the Supreme Court of Queensland. The core issue before the court was whether the judge's conduct during the original trial warranted the disqualification from presiding over the retrial, as it was argued that the judge's comments indicated a bias that would prevent a fair trial.
The court examined the comments made by the judge during the original trial and considered whether these comments could lead a reasonable observer to conclude that the judge had prejudged the case. The court held that the comments made by the judge did not reflect a bias or prejudgment that would prevent a fair trial. The judge's comments were found to be within the bounds of legitimate judicial conduct, and did not indicate a bias that would lead a reasonable observer to conclude that the judge could not be impartial. The court found that the application for disqualification was without merit.
Accordingly, the court dismissed the application for the disqualification of the judge. The order was that the application was dismissed, and the judge remained qualified to preside over the retrial. This decision upheld the procedural integrity of the court process, ensuring that applications for disqualification were made on substantial grounds and not on the basis of mere perceptions of bias.
The court examined the comments made by the judge during the original trial and considered whether these comments could lead a reasonable observer to conclude that the judge had prejudged the case. The court held that the comments made by the judge did not reflect a bias or prejudgment that would prevent a fair trial. The judge's comments were found to be within the bounds of legitimate judicial conduct, and did not indicate a bias that would lead a reasonable observer to conclude that the judge could not be impartial. The court found that the application for disqualification was without merit.
Accordingly, the court dismissed the application for the disqualification of the judge. The order was that the application was dismissed, and the judge remained qualified to preside over the retrial. This decision upheld the procedural integrity of the court process, ensuring that applications for disqualification were made on substantial grounds and not on the basis of mere perceptions of bias.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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