Appeal of Brent Thomas James Slater [2008] NSWDC 170

New South Wales District Court

CITATION: Appeal of Brent Thomas James Slater [2008] NSWDC 170

HEARING DATE(S): 22 April, 27 May 2008 EX TEMPORE JUDGMENT DATE : 27 May 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Application by Crown to disqualify judge from hearing this appeal granted.

CATCHWORDS: JUDGES AND COURTS - Apprehended bias - Appeals to District Court from Local Court - appeals - jurisdiction - procedure

LEGISLATION CITED: Crimes (Appeal and Review Act) 2001

R v Sin NSWCCA 18 April 2008 CASES CITED: Ebner v Official Trustee (2000) 205 CLR 337 John Fairfax Publications Pty Ltd v Kriss (2007) NSWCA 79

PARTIES: Brent Thomas James Slater (Appellant) Crown (Respondent)

FILE NUMBER(S): Wollongong 2008/0452

COUNSEL: N Keay (Appellant) D Degnan (Crown)

SOLICITORS: Legal Aid Commission NSW DPP

JUDGMENT

1 HIS HONOUR: This is an application by the Crown for me to disqualify myself from hearing this appeal.

2 This matter first came before me on 22 April. I was under the impression, possibly mistaken, that the matter was an appeal against conviction listed for hearing on that day. In fact, that turned out not to be the case.

3 The Crimes (Appeal and Review) Act, s 18, provides in subsection (1) that an appeal against conviction is to be by way of rehearing, on the basis of certified transcripts of the evidence given in the original Local Court proceedings, except as provided by s 19. It is my practice, especially when the list is heavy, to read in advance the transcripts of evidence on the court file, in order to save time. So far as I am concerned, that is the evidence, on the basis of which the appeal is to proceed, although I know it is the practice of some Crown Prosecutors to tender the transcript.