NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: OSMAN v REGINA [2006] NSWCCA 196 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 June 2006
JUDGMENT DATE: 22 June 2006
JUDGMENT OF: McClellan CJ at CL at 1; Johnson J at 25; Latham J at 26
DECISION: Application for separate trial dismissed.
CATCHWORDS: CRIMINAL LAW - 5F APPLICATION - refusal to order separate trials - refusal to separate indictment - series of murders - several co-accused - applicant alleged to have been driver during one of the shootings - whether offences were part of a series of offences of the same or similar character - whether the matters ought to be heard and determined separately in the interests of justice - whether cross-admissibility was determinative of whether there was a series of offences, whether a risk of guilt by association, whether directions can confine use of the evidence
LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986
De Jesus v R (1986) 68 ALR 1 Phillips v The Queen [2006] HCA 4 R v Bunting (No 3) (2005) SASR 251 CASES CITED: R v Demirok [1976] VR 244 R v Gibb and McKenzie [1983] VR 155 R v Jones v Waghorn (1991) 55 A Crim R 159 R v Kray [1969] 3 All ER 941 Regina v Sheikh [2002] NSWCCA 136
PARTIES: Abass Osman (Appl) The Crown
FILE NUMBER(S): CCA 2006/1297
COUNSEL: A Francis (Appl) L Babb/Pickering (Crown)
SOLICITORS: Mark Klees & Associates (Appl) Director of Public Prosecutions (Crown)
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