R v Tozer [2025] NSWSC 50

R v Tozer [2025] NSWSC 50

Given the judge's prior adverse findings about Tozer's credibility, a fair-minded observer might reasonably apprehend bias if the same judge were to sentence Mr Tozer; thus, the judge should disqualify himself from determining sentence.

Parties
Crown: Rex (Crown); Offender: John Jamie Tozer
Jurisdiction
Australia
Judgment Date
13 February 2025
Procedural Posture
Criminal / Post Plea, Pre Sentence, Ruling on Disqualification Application
Outcome
Judge disqualifies himself from sentencing; offender’s guilt of manslaughter is recorded; sentence hearing adjourned for allocation to another judge.
Legal Topics
Manslaughter, Bias, Sentencing, Disqualification of Judge
Criminal Law Manslaughter Bias Sentencing Disqualification of Judge

Case Brief

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Parties

Rex (Crown)

Crown

John Jamie Tozer

Offender

Procedural Posture

Criminal / Post Plea, Pre Sentence, Ruling on Disqualification Application

Legal Issues

  1. 1 Whether the sentencing judge should disqualify himself for apprehended bias after previously making adverse credit findings about the offender in related proceedings

Ratio Decidendi

Given the judge's prior adverse findings about Tozer's credibility, a fair-minded observer might reasonably apprehend bias if the same judge were to sentence Mr Tozer; thus, the judge should disqualify himself from determining sentence.

Court Disposition

Judge disqualifies himself from sentencing; offender’s guilt of manslaughter is recorded; sentence hearing adjourned for allocation to another judge.

Orders

  • The offender, John Jamie Tozer, is, according to his plea accepted by the Crown in full satisfaction of the indictment, guilty of manslaughter and said guilt is recorded.
  • The sentence hearing for Mr Tozer is adjourned to 4 April 2025 to be heard and determined by a judge, other than the Court as presently constituted, allocated so to do by the Court.