Wark v WA [No 3]

[2023] WASCA 68

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Courts and Judicial System
2. › Judges
3. › Disqualification
4. › Apprehended bias
5. › Judge who decided same legal question on different evidence in prior appeal
6. › Whether reasonable apprehension of bias

Quick Take

Where a judge has previously decided the same legal question (e.g., unreasonable verdict) in a prior appeal involving the same accused, the judge is not disqualified from hearing the same question in a subsequent appeal if the evidence at the retrial was materially different.