Pantea v R [2020] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pantea v R [2020] NSWCCA 278 Hearing dates: 19 October 2020 Date of orders: 19 October 2020 Decision date: 23 October 2020 Before: Hoeben CJ at CL [1] Harrison J at [2] Bellew J at [3] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – Practice and procedure – Where applicant and co-accused jointly indicted for two counts of robbery in company – Where the evidence relied upon by the Crown against each of them essentially the same but for two telephone conversations between the co-accused and a witness – Where co-accused made admissions during those conversations – Where neither the co-accused or the witness implicated the applicant in the offending or made any reference to him – Where the applicant's application for a separate trial was refused by the trial judge – Whether trial judge erred in the exercise of his discretion in refusing the application for a separate trial – No specific prejudice to the applicant by virtue of the admission of the conversations in a joint trial – Where jury would be directed not to have regard to those conversations when considering the case against the applicant – Appeal against the decision of the trial judge dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: DR v R [2019] NSWCCA 320 Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Hamalainen v R [2019] NSWCCA 276 Hough v R [2019] NSWCCA 293 House v The King (1936) 55 CLR 499; [1936] HCA 40 R v Baartman (Court of Criminal Appeal (NSW), 6 October 1994, unrep) R v Henry; R v Gravett; R v Swansson [2008] NSWCCA 248 R v Middis (Supreme Court (NSW) 27 March 1991, unrep) Category: Principal judgment Parties: Evan Pantea – Applicant Regina – Respondent Representation: Counsel: L Fernandez – Applicant G Newton – Crown