NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Crane, James [2021] NSWSC 693 Hearing dates: 4 and 8 June 2021 Date of orders: 15 June 2021 Decision date: 15 June 2021 Jurisdiction: Common Law Before: Fagan J Decision: The application of James Crane to be tried separately from Adam Symons and six others for the murder of Clint Starkey on 12 June 2017 is dismissed. Catchwords: CRIMINAL PROCEDURE – Trial – separate trial application – whether injustice to applicant from inability to compel co-accused – where evidence proposed to be called from co-accused in part not material – where accused able to give evidence on matters for which co-accused would be called – where co-accused's credit in issue Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Annakin (1988) 31 A Crim R 139 R v Le (2002) 54 NSWLR 474; [2002] NSWCCA 186 R v Patsalis & Spathis [No 1] [1999] NSWSC 649; (1997) 107 A Crim R 432 Webb and Hay v The Queen (1994) 181 CLR 41 Category: Procedural rulings Parties: Regina James Crane Representation: Counsel: M England with K Prince (Crown) S Boland (Accused J Crane)
Solicitors: Solicitor for Director of Public Prosecutions (Crown) Younes + Espiner Lawyers (Accused J Crane)
File Number(s): 2019/134906 Publication restriction: Restricted until the conclusion of the joint trial.
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