In this role, he appeared as a judge in " R v Birks ", where it was found a trial counsel's proved incompetence was a ground of appeal, and " Attorney-General ( NSW ) v Milat ", where an indigent accused was found to be entitled to legal representation as a basic requirement of fairness in a serious legal trial.
42.
The Appeals Chamber granted the Prosecution s sole ground of appeal in which it claimed that the Trial Chamber erred in law when it found that persons " hors de combat ", i . e ., soldiers who are incapable of taking part in the hostilities ( for example because injured or detained ), could not be victims of crimes against humanity.
