R v Tarrant [2016] NSWSC 892

R v Tarrant [2016] NSWSC 892

The judge's conduct during the Roff trial and the Tarrant trial, including questioning the applicant and handling counsel's language, does not give rise to a reasonable apprehension of bias or actual bias. Proper legal principles were followed, and no pre-judgment of issues in the sentencing proceedings was found. The application for recusal is dismissed.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Criminal / Recusal Application During Sentencing Proceedings
Outcome
Application for the judge's recusal is dismissed.
Legal Topics
['apprehended Bias' 'recusal of Judge' 'fair Trial' 'sentencing' 'judicial Questioning' 'actual Bias']
['criminal Law' 'judicial Procedure'] ['apprehended Bias' 'recusal of Judge' 'fair Trial' 'sentencing' 'judicial Questioning' 'actual Bias']

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Procedural Posture

Criminal / Recusal Application During Sentencing Proceedings

Legal Issues

  1. 1 ['Whether a judge should recuse himself from sentencing proceedings due to apprehended bias' 'Whether the conduct of the judge in questioning the applicant as a witness and handling proceedings creates a reasonable apprehension of bias' 'Whether actual bias was demonstrated']

Ratio Decidendi

The judge's conduct during the Roff trial and the Tarrant trial, including questioning the applicant and handling counsel's language, does not give rise to a reasonable apprehension of bias or actual bias. Proper legal principles were followed, and no pre-judgment of issues in the sentencing proceedings was found. The application for recusal is dismissed.

Court Disposition

Application for the judge's recusal is dismissed.

Orders

  • ['The application that Fagan J recuse himself from further hearing of sentence proceedings in respect of Sarah Tarrant following upon her conviction of manslaughter on 14 May 2016 is dismissed.']