A trial judge's receipt of admissible tendency evidence revealing an accused's criminal history in a judge-alone trial does not give rise to apprehended bias. A trial judge's management of a hostile complainant witness in a sexual assault trial, including offering breaks and reminding the witness of obligations while intervening against demeaning cross-examination, does not compromise the accused's right to a fair trial. Evidence that is inadmissible under s 293(3) of the Criminal Procedure Act 1986 (NSW) cannot satisfy the tests for fresh or new evidence on appeal.
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