The Court of Appeal held that even where there is a reasonably arguable case of apprehended bias (here, the sentencing judge had previously prosecuted the applicant for relevant prior offences in 2014 but did not recall this), a sentence appeal must be dismissed under s 281(2) of the Criminal Procedure Act 2009 if the appellate court is not satisfied that a different sentence should be imposed. The Court left open whether QYFM can be distinguished where the judge had no recollection of the prior role as prosecutor. The Court also suggested that prosecuting authorities consider implementing systems to identify and flag potential conflicts where sentencing judges have previously served as prosecutors.
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