Smart v Albuquerque

In the matter of Smart v Albuquerque, the appellant sought leave to appeal against his conviction for assaulting a public officer. The appellant had spat in the face of a prison officer. The legal issue before the court was whether the judge hearing the appeal should have disqualified himself due to actual or apprehended bias, whether the verdict was unsafe or unsatisfactory, and whether a miscarriage of justice occurred. The court held that there was no actual or apprehended bias, and the verdict was both safe and satisfactory. The appellant's argument that the judge should have disqualified himself was rejected, as the court found that there was no evidence to support a finding of actual or apprehended bias. Furthermore, the court found that the verdict was safe and satisfactory, and that there was no miscarriage of justice. Accordingly, the court refused leave to appeal and dismissed the appeal. The orders of the court were that leave to appeal was refused and the appeal was dismissed.