Alfarsi (a pseudonym) v The Queen

[2020] VSCA 119

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Interlocutory appeal
3. › Review of refusal to certify
4. › Apprehended bias
5. › Trial judge sentencing co-offender who is prosecution witness
6. › Whether hypothetical fair-minded lay observer could reasonably apprehend bias from sentencing remarks
7. › Criminal Procedure Act 2009 (Vic), ss 295(3), 296
1. Criminal Law
2. › Practice and procedure
3. › Apprehended bias
4. › Recusal of trial judge
5. › Co-offender sentenced by trial judge on agreed facts
6. › Same judge dealing with all related proceedings involving co-offenders
7. › Whether sentencing findings about co-offender's role create apprehension of bias at co-accused's trial

Quick Take

A trial judge's sentencing findings about a co-offender based on an agreed summary of facts, including findings about the co-offender's role and character, do not give rise to a reasonable apprehension of bias at the trial of a co-accused, even where the sentenced co-offender is a key prosecution witness whose credibility will be contested. The common practice of the same judge dealing with all related co-offender proceedings is endorsed as promoting uniformity in rulings and consistency in sentencing.