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Alfarsi, Saleh (a pseudonym) v The Queen [2020] VSCA 119

Victorian Court of Appeal
Maxwell P, T Forrest and Weinberg JJA

Alfarsi, Saleh (a pseudonym) v The Queen

Judgment Date: 
13 May 2020

CRIMINAL LAW - Interlocutory appeal - Review of refusal to certify - Apprehended bias - Applicant charged with murder - Co-offender pleaded guilty and sentenced by trial judge - Trial judge refused application for recusal based on findings on co-offender's plea - Hypothetical fair-minded lay observer could not reasonably apprehend bias from judge's sentencing remarks or findings - Interests of justice - Leave to appeal refused - Application to review refusal to certify refused - R v Goussis [2007] VSC 171, North (a pseudonym) v The Queen [2020] VSCA 1 referred to - Criminal Procedure Act 2009 ss 295(3), 296.