NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: POWCH v REGINA [2006] NSWCCA 147 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27 April 2006 JUDGMENT OF: McClellan CJ at CL at 1; James J at 22; Hall J at 23
EX TEMPORE JUDGMENT DATE: 04/27/2006
DECISION: Application for leave is refused
CATCHWORDS: CRIMINAL LAW - application under s 5F - trial proceeding - refusal to grant application for a separate trial - refusal to grant a stay pending appeal on separate trial - whether separate trial necessary on some counts - sexual assault - firing a firearm - assault - series of charges in relation to one person - whether injustice to defendant in not separating trial - admissibility as evidence of relationship - trial judge's direction to admit evidence - whether adequate directions to jury can be given
LEGISLATION CITED: Criminal Appeal Act 1912
CASES CITED: Saunders (1994) 72 A Crim R 347
PARTIES: John Powch (Appl) The Crown
FILE NUMBER(S): CCA 2006/892
COUNSEL: C Davenport SC (Appl) D Frearson SC ( Crown)
SOLICITORS: B Duchen (Appl) Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3221
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
LOWER COURT DATE OF DECISION: 24/04/2006
- 5 - IN THE COURT OF CRIMINAL APPEAL 2006/892
McCLELLAN CJ at CL JAMES J HALL J
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