R v White & ors (No 1) [2012] NSWSC 465

Supreme Court New South Wales

Medium Neutral Citation: R v White & ors (No 1) [2012] NSWSC 465 Hearing dates: 12 March 2012 Decision date: 21 March 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Application for separate trial refused Catchwords: CRIMINAL LAW - practice and procedure - trial of multiple co-accused involved in the same crime - defence of one accused prejudicial to another accused - whether separate trials should be ordered - whether there is "positive injustice" to the accused. Cases Cited: R v Fernando [1999] NSWCCA 66 Symss v R [2003] NSWCCA 77 Category: Procedural and other rulings Parties: Regina Rodney Boyd White Representation: Mr J McLennan (Crown) Mr P Bodor QC (Accused) Solicitor for Public Prosecutions Gregory J Goold File Number(s): 2010/60565

Judgment 1HIS HONOUR: In this trial the accused Rodney White is charged with the murder of Saaid Zaiter on 16 December 2008. The accused Todd Serone is charged with being an accessory after the fact to that murder. A third accused, Jessica Birkensleigh is charged with robbery and accessory after the fact to murder. 2The trial was due to commence on Monday 12 March 2012 at Lismore. That morning, Mr Bodor QC for the accused White indicated that he had received some information from counsel for the accused Serone, Mr Walmsley SC, that had caused him to consider whether an application should be made for a trial for his client separate from the trial of the accused Serone. 3The matter was stood down until 2.00pm on that day to allow Mr Bodor further time to consider the issue. When the matter was resumed it was confirmed that such an application would be made.