R v Tarrant [2016] NSWSC 892

Supreme Court New South Wales

Medium Neutral Citation: R v Tarrant [2016] NSWSC 892 Hearing dates: 24 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Common Law Before: Fagan J Decision: 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. Catchwords: PRACTICE AND PROCEDURE – apprehension of bias – conduct – whether judge should recuse himself – questions directed to applicant as witness – applicant convicted – trial judge's duty to afford fair hearing to parties – admissible evidence – whether pre-judgment of issues to be resolved in sentencing proceedings – actual bias Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Dwayhi v R; Bechara v R [2011] NSWCCA 67 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Galea v Galea (1990) 19 NSWLR 263 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 R v Esposito (1998) 45 NSWLR 442 Webb v The Queen [1994] HCA 30; (1994) 181 CLR 41 Category: Procedural and other rulings Parties: Sarah Renea Tarrant (Applicant) Regina (Respondent) Representation: Counsel: Ms Janet Manuell SC/Mr Ian Nash (Applicant) Mr Peter McGrath (Respondent)

Solicitors: Ms Narelle Marshall, Legal Aid Commission (Applicant) Ms Gizelle Van Zyl, Office of the Director of Public Prosecutions (Respondent) File Number(s): 2013/243004 Publication restriction: Nil