DUNCAN, Paul Parepano v Regina [2015] NSWCCA 84

DUNCAN, Paul Parepano v Regina [2015] NSWCCA 84

The evidence did not establish the trial judge was asleep to an extent compromising supervision or control of the trial, nor was the jury distracted such as to create a miscarriage of justice under s 6(1) of the Criminal Appeal Act 1912 (NSW). Legal representatives were vigilant and no failure of duty was demonstrated.

Parties
Appellant: Paul Parepano Duncan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Appeal, Miscarriage of Justice, Conduct of Judge, Fair Trial, Duty of Counsel
Criminal Law Appeal Miscarriage of Justice Conduct of Judge Fair Trial Duty of Counsel

Case Brief

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Parties

Paul Parepano Duncan

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether alleged sleep episodes by trial judge resulted in miscarriage of justice under Criminal Appeal Act 1912 (NSW) s 6(1)
  2. 2 Whether trial judge failed to exercise supervision and control
  3. 3 Whether conduct distracted jury

Ratio Decidendi

The evidence did not establish the trial judge was asleep to an extent compromising supervision or control of the trial, nor was the jury distracted such as to create a miscarriage of justice under s 6(1) of the Criminal Appeal Act 1912 (NSW). Legal representatives were vigilant and no failure of duty was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction dismissed