Gamage v WA

[2008] WASCA 49

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Right to fair trial
4. › Fitness to stand trial
5. › Whether appellant too unwell to follow proceedings or give evidence
6. › Whether trial judge's discretion miscarried in continuing trial
1. Courts and Judges
2. › Bias
3. › Reasonable apprehension of bias
4. › Comments by trial judge during trial
5. › Whether fair-minded lay observer might reasonably apprehend bias
6. › Whether failure to object at trial constitutes waiver

Quick Take

A trial judge's expressions of frustration with an accused's delaying tactics, including comments that go further than necessary, will not give rise to apprehended bias where a fair-minded observer would understand them as a response to the accused's conduct. An accused's subjective assertions of illness or pain may be given little weight where medical evidence and the accused's history of delay undermine their credibility.