Does a Judge have to be conscious at all times during a criminal
trial ? Or is he/she allowed to sleep for periods of up to twenty
minutes at a time (and snore !) without vitiating the trial ? For the
answer to this fascinating question, at least in New South Wales, see
the recent decision of the NSW Court Of Criminal Appeal in the case
of Cesan v. DPP (http://www.austlii.edu.au/au/cases/nsw/NSWCCA/
2007/273.html) and an article on the case in the Sydney Morning
Herald (http://www.smh.com.au/news/opinion/a-judge-is-essential-
preferably-conscious/2007/09/13/1189276898102.html).
Ron Huttner LL.B (Hons)
(Retired) Barrister, Solicitor, Law Lecturer and Legal Researcher
Melbourne
Victoria
Australia
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