R v Syed Basri, Saripah; Madubuko, Henry; Mohammed, Lokman and Okonkwo, Ifeanyi [2008] NSWDC 386

New South Wales District Court

CITATION: R v Syed Basri, Saripah; Madubuko, Henry; Mohammed, Lokman and Okonkwo, Ifeanyi [2008] NSWDC 386

JUDGMENT DATE: 13 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

1. Determination of the Notice of Motion: DECISION: Lokman Mohammed be tried separately. 2. Severance Application by Madubuko granted in part Application of Crown to lead coincidence evidence rejected.

CATCHWORDS: Criminal law - indictment - application for separate trials by two accused - application to lead coincidence evidence - B and Mo allegedly responsible for separate importations of heroin 5 hours apart - alleged operatives of same drug syndicate - claimed areas of coincidence identified - areas of coincidence confined to B and Mo with view to linking them to same drug syndicate - coincidence evidence traditionally links "related events" to same accused - distinction between 'related events" and "matters of circumstance" so called "events" nominated by prosecution fail to comply with s.98(2) Evidence Act 1995 - separate trial applications - dangerof ju - ry comparing cases of alleged importers in respect of explanations given by each for importing contraband - controlled delivery engaged ikn by B enhances prosecution case against her - danger of prejudice where there is no evidence of controlled delivery - separate trial granted to Mo - allegation of Mo to link up with Ma also severed.

LEGISLATION CITED: Evidence Act 1995 (Cwlth)

R v Middis unreported NSWSC 27 March 1991 per Hunt CJ at CL. R v Baartman (unreported) NSWCCA 6 October 1994. R v Assim [1966] 2 QB 249 CASES CITED: Annankin v R (1988) 17 NSWLR 202 R v Maxwell John White [1999] NSWCCA 336 Perry v The Queen 1982 CLR 580 Sutton v The Queen (1984) 152 CLR 528 R v Janeceski (2005) 64 NSWLR 10