Application by Robert Roberti pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 683
There was insufficient evidence that the trial judge's alleged sleep amounted to a substantial departure from proper conduct of the trial or significantly distracted the jury; the evidence as a whole did not raise a relevant doubt or sense of unease about the conviction, so the application was refused.
- Jurisdiction
- Australia
- Judgment Date
- 23 May 2014
- Procedural Posture
- Criminal / Application for Inquiry Into Conviction Under S 78 Crimes (appeal and Review) Act 2001 (nsw) and Referral Under S 79
- Outcome
- Application refused
- Legal Topics
- ['judicial Conduct' 'miscarriage of Justice' 'appellate Review' 'trial Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Application for Inquiry Into Conviction Under S 78 Crimes (appeal and Review) Act 2001 (nsw) and Referral Under S 79
Legal Issues
- 1 ['Whether the trial judge sleeping during portions of the trial produced a miscarriage of justice sufficient to warrant an inquiry or referral of the conviction' "Whether evidence of judicial inattention raises a sufficient doubt or sense of unease regarding the applicant's conviction under s 79 of the Crimes (Appeal and Review) Act 2001 (NSW)"]
Ratio Decidendi
There was insufficient evidence that the trial judge's alleged sleep amounted to a substantial departure from proper conduct of the trial or significantly distracted the jury; the evidence as a whole did not raise a relevant doubt or sense of unease about the conviction, so the application was refused.
Court Disposition
Application refused
Orders
- []
Full Case Text
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