George, R. v

George, R. v

The judge's comments and conduct, including the use of robust language and reserving the Newton hearing to himself, did not amount to objective bias. The Newton hearing was conducted fairly, and the judge's findings were based on the evidence. There was no real possibility that a fair-minded and informed observer...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Owen George
Jurisdiction
England and Wales
Judgment Date
13 October 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Judicial Bias, Newton Hearing, Drug Offences
Criminal Law Sentencing Judicial Bias Newton Hearing Drug Offences

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Owen George

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge demonstrated objective bias in refusing the basis of plea and reserving the Newton hearing to himself
  2. 2 Whether the appellant was denied a fair hearing by an independent and impartial tribunal under Article 6(1) of the Convention

Ratio Decidendi

The judge's comments and conduct, including the use of robust language and reserving the Newton hearing to himself, did not amount to objective bias. The Newton hearing was conducted fairly, and the judge's findings were based on the evidence. There was no real possibility that a fair-minded and informed observer would conclude the tribunal was biased. The appeal against sentence was therefore dismissed.

Court Disposition

Appeal dismissed