R v Brendan John Riordan [2006] NSWDC 58

New South Wales District Court

CITATION: R v Brendan John Riordan [2006] NSWDC 58

HEARING DATE(S): 1/5/06- 5/5/06

JUDGMENT DATE: 22 September 2006

EX TEMPORE JUDGMENT DATE : 05/08/2006

JUDGMENT OF: Bennett SC DCJ

DECISION: Application for separate trials refused; Coincidence evidence admissible on a limited basis

CATCHWORDS: Evidence - Accused charged with maliciously inflicting grevious bodily harm with intent to do so upon two children and assault occasioning actual bodily harm to the sibbling of one of them - Multiple counts on indictment - Defence application for separate trial - Coincidence evidence

Crimes Act 1900 LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 Evidence Act 1995 Criminal Procedure Act 1986

R v Folbigg [2002] NSWSC 1127 Pfennig v R (1995) 182 CLR 461 R v Ellis (2003) 58 NSWLR 700 CASES CITED: R v Folbigg [2005] NSWCCA 23 R v Folbigg [2003] NSWCCA 17 Folbigg v The Queen [2005] HCA Trans 657 R v Lockyer (1996) 89 A Crim R 457 R v Martin [2002] NSWSC 332

PARTIES: DPP Brendan John Riordan

FILE NUMBER(S): 05/11/0182

COUNSEL: M Grogan - Crown J Fliece - Accused

JUDGMENT

Introduction

1 These are the reasons for my decision given on Monday the 8th May 2006 to reject the application by the accused for separate trials in respect of the charges upon which he has been arraigned, and to allow the Crown to adduce in each case evidence of the injuries suffered by the alleged victims as "coincidence evidence".