R v White [2021] NSWSC 962

R v White [2021] NSWSC 962

Because the Judge had issued a surveillance device warrant which resulted in evidence now sought to be challenged for admissibility, a fair-minded observer might reasonably apprehend bias if the same Judge ruled on the admissibility or presided at trial. Accordingly, the Judge should recuse himself from both pretrial and trial proceedings.

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Criminal / Pretrial Recusal Ruling
Outcome
Judge recuses himself from presiding at the pretrial hearing and at the trial of the Accused.
Legal Topics
['reasonable Apprehension of Bias' 'recusal of Judge' 'surveillance Device Warrant' 'evidence Exclusion']
['criminal Law'] ['reasonable Apprehension of Bias' 'recusal of Judge' 'surveillance Device Warrant' 'evidence Exclusion']

Case Brief

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Procedural Posture

Criminal / Pretrial Recusal Ruling

Legal Issues

  1. 1 ['Whether the Judge who issued a surveillance device warrant should recuse himself from the pretrial hearing and trial due to reasonable apprehension of bias']

Ratio Decidendi

Because the Judge had issued a surveillance device warrant which resulted in evidence now sought to be challenged for admissibility, a fair-minded observer might reasonably apprehend bias if the same Judge ruled on the admissibility or presided at trial. Accordingly, the Judge should recuse himself from both pretrial and trial proceedings.

Court Disposition

Judge recuses himself from presiding at the pretrial hearing and at the trial of the Accused.

Orders

  • ['Johnson J recuses himself from presiding at the pretrial hearing and the trial.']