Two cases that show that one can't necessarily rely on judges for judgement.
The first is the wonderful tale of how a judge who was spurned for a post-retirement judge took it out on the firm he had hoped to join. Sir Peter Smith will now be remembered as much for this case ((Howell & Ors v Lees Millais & Ors [2007] EWCA Civ 720 (04 July 2007) )) in which he is censured in the strongest terms by the Court of Appeal as for his Da Vinci Code judgment ((Baigent & Anor v The Random House Group Ltd (The Da Vinci Code) [2006] EWHC 719 (Ch) (07 April 2006) )).
And courtesy of my partner David Stratas, a story from Australia. A judge can sleep in court and that won't be a valid ground for appeal…. as long as you are in New South Wales! :)
Have a look at this post of regarding the NSW decision. It shows that, whether right or wrong, the NSWCA isn't alone in its approach.
http://stumblng.tumblr.com/post/11615550
Chan appeal
Alberta Queen's Bench justices can fall asleep during sentencing too.
The issue is expored at length in the UN War Crimes case: Prosecutor v. Zejnil Delalic, Zdravko Mucic (aka “Pavo”),
Hazim Delic and Esad Landžo (aka “Zenga”), known as the
(“Celebici case”)
A footnote mentions R v Moringiello [1997] Crim LR 902; R v Edworthy [1961] Crim LR 325; R v Tancred 14 April 1997, Court of Appeal (Criminal Division); Kozlowski v City of Chicago 13 Ill App 513 (the fact that a juror fell asleep during proceedings, absent an affirmative showing of prejudice to the complainant, is not a ground for a new trial); State of Ohio v Dean, Ohio App Lexis 3873, Judgement of 20 Sept 1988 (Court of Appeals of Ohio) (must be a showing of “material prejudice”).