DUNCAN, Paul Parepano v Regina [2015] NSWCCA 84

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DUNCAN, Paul Parepano v Regina [2015] NSWCCA 84 Hearing dates: 2 February 2015 Decision date: 04 May 2015 Before: Simpson J at [1]; Hall J at [94]; Campbell J at [207] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – appeal – conviction – conduct of judge – whether judge was asleep at times during trial – whether conduct of trial judge distracted jury – whether conduct of trial judge resulted in a miscarriage of justice under Criminal Appeal Act 1912 (NSW) s 6(1) – whether trial judge exercised supervision and control –duty or obligation of trial counsel to raise asserted deficiencies in the conduct of the trial – sleep episodes of trial judge – interference with trial judge's supervision and conduct of the trial not established– appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 76, s 78, s 79(1) Criminal Appeal Act 1912 (NSW), s 6(1) Evidence Act 1995 (NSW), s 56, s 59, s 69, s 76, s 79, s 102, s 108 Cases Cited: Bale v Mills [2001] NSWCCA 226 Cesan v Director of Public Prosecutions (Cth); Mas Rivadavia v Director of Public Prosecutions (Cth) [2007] NSWCCA 273; 174 A Crim R 385 Cesan v The Queen; Mas Rivadavia v The Queen [2008] HCA 52; 236 CLR 358 Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 Kendirjian v Ayoub [2008] NSWCA 194 Nguyen v R [2008] NSWCCA 322 R v Duncan; R v Perre [2004] NSWCCA 431 Re Application by the Chief Commissioner of Police (Vic) [2005] HCA 18; 214 ALR 422; 79 ALJR 881 Category: Principal judgment Parties: Paul Parepano Duncan (Appellant) Regina (Respondent) Representation: Counsel: K Borick QC; D Moen (Appellant) N Williams (Respondent)