Cesan v Director of Public Prosecutions (Cth)

The appellant, Cesan, appealed against his conviction for drug trafficking, arguing that the trial was unfair due to the judge falling asleep during the proceedings. The case was heard by the High Court of Australia. The central issue before the court was whether the trial judge's conduct in sleeping during the trial constituted a breach of the appellant's right to a fair trial as guaranteed under section 80 of the Commonwealth Constitution.

Section 80 of the Commonwealth Constitution provides that when a crime has been committed, the prosecution shall be instituted and conducted in the name of the Commonwealth, and the trial on indictment of any crime shall be by jury, and every such trial shall be conducted in the State where the crime was committed and in the district court of the State if a court of general criminal jurisdiction. Furthermore, the trial shall be by a judge of the court and a jury, and the jury shall be duly selected, challenged, and sworn in accordance with law. The court was tasked with determining whether the judge's conduct of sleeping during the trial amounted to a breach of the appellant's right to a trial by jury as guaranteed under section 80.

The High Court held that the judge's conduct of sleeping during the trial was indeed a breach of the appellant's right to a fair trial under section 80 of the Commonwealth Constitution. The court held that the trial by jury is an essential element of the administration of criminal justice, and the presence of a judge who is attentive and engaged in the proceedings is a necessary component of that trial. The court found that the judge's conduct in sleeping during the trial was a serious breach of the appellant's constitutional rights and amounted to a miscarriage of justice. The court quashed the appellant's conviction and ordered a retrial.