William Sartin v R (No 2)

William Sartin v R (No 2)

There was no actual or apparent bias on the part of the trial judge. The judge's prior involvement in the first trial, comments during the fitness to plead hearing, and remarks at the start of the second trial did not disqualify him from continuing the trial without a jury. The judge's conduct was proper, and the...

Source-derived case information.

Parties
Appellant: William Sartin; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
07 August 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Section 46 Ruling
Outcome
appeal dismissed
Legal Topics
Jury Tampering, Trial Without Jury, Judicial Bias, Fitness to Plead, Bail, Appeals
Criminal Law Criminal Procedure Jury Tampering Trial Without Jury Judicial Bias Fitness to Plead Bail Appeals

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

William Sartin

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Section 46 Ruling

Legal Issues

  1. 1 Whether the trial judge's decision to continue the trial without a jury due to jury tampering was fair and lawful
  2. 2 Whether there was actual or apparent bias on the part of the trial judge disqualifying him from continuing the trial alone

Ratio Decidendi

There was no actual or apparent bias on the part of the trial judge. The judge's prior involvement in the first trial, comments during the fitness to plead hearing, and remarks at the start of the second trial did not disqualify him from continuing the trial without a jury. The judge's conduct was proper, and the statutory framework permits the continuation of a trial by judge alone after jury tampering. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • All reporting restrictions over the judgment and the decision to refuse the application to adjourn are lifted