R v Esposito (1998) 45 NSWLR 442

Facts: Defendant (D) was charged and convicted of murder. Prosecution’s (Pr) case theory was that D had a drug problem, so she murdered a man in King’s Cross, stole his property and sold it for money to buy drugs. D appealed on the ground that the judge unduly intervened in the hearing leading to an unfair trial. The judge asked a long series of questions, including about the effect of prescription medication on D that “amounted to in effect, cross-examination, and went beyond clarifying issues but raised new issues”. Also, at the trial, D unsuccessfully applied for the judge to disqualify himself and to discharge the jury due to intervention. The judge, in refusing the application, found that “justice to the community” required the questions to be asked.

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