Tendency, relevance and the legacy of the common law

The Supreme Court has recently released a number of rulings in an attempted murder trial from last year - DPP v Hills, NC, Cooper and RAC. Ruling No 6 concerns the operation of the UEA and warrants close consideration. The case alleged by the prosecution was that a group of four people went to the vicitm's house, abducted her, drove her to the Maribyrnong River and attempted to drown her. They desisted when they believed that another car was approaching. The Crown case relied in part on the evidence of one co-offender, Meulenbrock, who agreed to give evidence against the other co-offenders.

R v Al-Assadi: Experience of crime and apprehended bias

In the week before Easter, the Court of Appeal handed down the decision of R v Al-Assadi [2011] VSCA 111. While there were multiple grounds of appeal, the only one that succeeded was an apprehended bias argument. This case is, to my knowledge, the first time an apprehended bias argument has succeeded on the basis that the judge knew someone who had experienced a crime similar to that alleged by the complainant. It will, I expect, present substantial problems for the judge in question (who cannot be named because it would reveal the identity of a victim of a sexual offence), given the bulk of work in the County Court.