R v Ryan (a pseudonym) (No.1) [2021] NSWDC 727

R v Ryan (a pseudonym) (No.1) [2021] NSWDC 727

A fair minded, informed observer would not apprehend bias from the judge's prior findings against Mr George, as Ms Ryan was neither represented nor participated in those proceedings, and nothing said about Mr George applies to Ms Ryan. Accordingly, the application for recusal is dismissed.

Parties
Respondent: Regina; Applicant: Ms Ryan (a pseudonym)
Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Criminal / Application for Disqualification/recusal of Judge
Outcome
Application for disqualification/recusal is dismissed.
Legal Topics
Apprehended Bias, Recusal of Judge, Judicial Impartiality
Criminal Procedure Apprehended Bias Recusal of Judge Judicial Impartiality

Case Brief

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Parties

Regina

Respondent

Ms Ryan (a pseudonym)

Applicant

Procedural Posture

Criminal / Application for Disqualification/recusal of Judge

Legal Issues

  1. 1 Whether the judge should disqualify/recuse on the basis of apprehended bias

Ratio Decidendi

A fair minded, informed observer would not apprehend bias from the judge's prior findings against Mr George, as Ms Ryan was neither represented nor participated in those proceedings, and nothing said about Mr George applies to Ms Ryan. Accordingly, the application for recusal is dismissed.

Court Disposition

Application for disqualification/recusal is dismissed.

Orders

  • The application for the judge to recuse himself is refused. Proceedings to continue forthwith.