Regina v Saleh Khodr [2007] NSWDC 329

New South Wales District Court

CITATION: Regina v Saleh Khodr [2007] NSWDC 329

HEARING DATE(S): Please see Regina v Amir Ibrahim El Mostafa [2007] NSWDC 219 for hearing dates

JUDGMENT DATE: 19 April 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Application for separate trial is rejected.

CATCHWORDS: Criminal law - Application for separate trial - Danger of unfair prejudice - Positive injustice - Evidence against co-accused highly prejudicial to applicant - Directions to jury

LEGISLATION CITED: ss 93B, 93C Crimes Act 1900

Regina v Baartman unreported NSWCCA 6 October 1994 Regina v Middis unreported NSWSC 27 March 1991 CASES CITED: Regina v Ngoc Pham [2004] NSWCCA 190 Gilbert v The Queen (2000) 201 CLR 414 Webb and Hay v The Queen (1993) 181 CLR 41

PARTIES: Regina Saleh Khodr

FILE NUMBER(S): 06/21/0047

COUNSEL: Mr Calvert for the Crown Dr Webb for Saleh Khodr

SOLICITORS: Ms Flemming for the NSW DPP Mr Rahme for Saleh Khodr

JUDGMENT

1. This is a judgment on a separate trial application made by the accused Saleh Khodr. Dr Webb, who appears for the accused Saleh Khodr, has made an application for a separate trial of his client. I will return to the evidence and submissions which he puts forward to support his application.

2. I turn first to a brief description of the Crown case. Both accused are charged with an offence I will shortly call riot with an alternative of affray. In addition both accused face three more charges, two of those charges are assault occasioning actually bodily harm. Each offence is alleged to involve a separate individual, and the third charge jointly faced by both accused is an offence of maliciously inflict grievous bodily harm in respect of a third individual.