R v Lu; R v Pham [2007] NSWSC 1141

New South Wales Supreme Court

CITATION : R v Lu; R v Pham [2007] NSWSC 1141

HEARING DATE(S) : 16 July 2007

JUDGMENT DATE : 16 July 2007

JUDGMENT OF : Price J at 1

DECISION : Order that Lu and Pham be tried separately.

CATCHWORDS : Criminal law - applications for separate trials - real risk of positive injustice in joint trial.

Regina v Jon Leslie Baartman (unreported NSWCCA 6 October 1994) Regina v Georgiou [1999] NSWCCA 125 CASES CITED : Regina v Stephen Frederick Middis (unreported NSWSC 27 March 1991) Regina v Pham [2004] NSWCCA 190 Webb v The Queen (1994) 181 CLR 41

Regina PARTIES : Hoang Quang Lu Dinh Khoung Pham

FILE NUMBER(S) : SC 2006/1992; 2006/1991

R Button SC - Hoang Quang Lu COUNSEL : P Young SC - Dinh Khuong Pham G Tabuteau - Crown

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

PRICE J

16 July 2007

2006/1992 Regina v Hoang Quang Lu 2006/1991 Regina v Dinh Khuong Pham

JUDGMENT 1 HIS HONOUR: The two accused, Hoang Quang Lu (Lu), and Dinh Khuong Pham (Pham), are charged with the murder of Phillip Anthony Rousianos on 1 October 2005. Pham is further charged with the assault of Sophie Rousianos on the same day.

2 Applications have been made by each of the accused that they be tried separately from each other.

An Outline of the Crown Case

3 The Crown case commences with an incident which occurred about a month before the alleged murder when the deceased and his girlfriend went over to Lu's premises in the early hours of the morning. The deceased's girlfriend knocked on the front door, and an argument ensued when Lu's girlfriend refused to wake him. Some four-letter words were exchanged, and the deceased's girlfriend returned to the deceased's car. Lu's girlfriend followed her and the argument continued. The deceased emerged from the car and it seems struck Lu's girlfriend. When Lu arrived the deceased then struck or kicked him. 4 The deceased and his girlfriend left the scene and returned to their home unit, which was a couple of streets away. Whilst they were in the driveway Lu arrived and threatened the deceased with a machete. When the deceased's father and 15-year-old brother Dannis intervened Lu then left. 5 The evidence concerning the prior incident is the subject of an objection by Mr Button SC on the part of Lu. It is unnecessary for present purposes to determine that objection.