Man claims judge slept during trial, loses appeal

A MAN who claimed a judge slept and snored through his trial has lost his appeal.

Paul Parepano Duncan was sentenced to 16 years in prison over a 2001 fight in Wollongong that left a man permanently disabled.

Several people attacked the man with metal poles, a machete and a wheel brace.

Duncan claimed Judge Ian Dodd had repeatedly fallen asleep during his trial, with jurors even laughing in disbelief.

"I distinctly remembered that on more than one occasion his Honour was snoring when evidence was being led before the jury," he said.

The court heard Judge Dodd, who suffered from sleep apnea, retired in 2005.

Justice Carolyn Simpson found any episodes of the judge sleeping had not adversely affected the jury's attention to its duty, but added: "In saying this, I would accept there was, or might have been, some mild amusement exhibited by members of the jury."

Topics:  appeal court crime judge

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