Director of Public Prosecutions (NSW) v TH; Director of Public Prosecutions (NSW) v MB; Director of Public Prosecutions (NSW) v Sharp [2026] NSWCCA 125

Director of Public Prosecutions (NSW) v TH; Director of Public Prosecutions (NSW) v MB; Director of Public Prosecutions (NSW) v Sharp [2026] NSWCCA 125. The Court considered three appeals from a District Court judge’s refusal to disqualify herself from criminal proceedings. The key issue was whether a fair-minded lay observer might reasonably apprehend bias arising from the judge’s parliamentary submission criticising the Director, private communications with defence lawyers, and incomplete disclosure of those communications. Applying the objective “double might” test, the Court held that each matter independently required disqualification. The appeals were allowed, the refusal orders set aside, and the proceedings remitted to another District Court judge.