R v Dennis Arthur BELLCHAMBERS [2009] NSWDC 296

R v Dennis Arthur BELLCHAMBERS [2009] NSWDC 296

There is no reasonable apprehension of bias merely because the judge had previously ruled on admissibility of evidence. There is no good reason for the judge to disqualify himself.

Parties
Prosecution: The Crown; Accused: Dennis Arthur Bellchambers
Jurisdiction
Australia
Judgment Date
23 November 2009
Procedural Posture
Criminal / Application for Judge to Disqualify Himself Prior to Trial
Outcome
Application refused
Legal Topics
Application for Judicial Disqualification, Bias, Tendency Evidence, Relationship Evidence
Criminal Law Application for Judicial Disqualification Bias Tendency Evidence Relationship Evidence

Case Brief

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Parties

The Crown

Prosecution

Dennis Arthur Bellchambers

Accused

Procedural Posture

Criminal / Application for Judge to Disqualify Himself Prior to Trial

Legal Issues

  1. 1 Whether the judge should disqualify himself from presiding over the trial on the basis that it would be 'preferable' that another judge preside due to previous rulings on admissibility of evidence

Ratio Decidendi

There is no reasonable apprehension of bias merely because the judge had previously ruled on admissibility of evidence. There is no good reason for the judge to disqualify himself.

Court Disposition

Application refused

Orders

  • Application for judge to disqualify himself is refused