Quote of the week

Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
19 August 2022

Unfair discrimination by Police

The Minister of Police has not been able to show that no discrimination exists. First, the analytical evidence of Redpath and the data presented shows that police stations that serve poor, Black areas have the lowest police to population ratios, relatively speaking, as compared to wealthier, rich areas which are predominantly White. This is not an adoption of a technical numbers game. Context shows that the poor, Black areas also have the highest rates of contact and violent crime. Whilst, one cannot ignore other crimes, such as theft which appear to occur in greater numbers in commercial areas such as the CBD, it cannot be disputed that contact crime is more prevalent in poor and Black areas.

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