Regina v JP [2013] NSWSC 1370

Supreme Court New South Wales

Medium Neutral Citation: Regina v JP [2013] NSWSC 1370 Hearing dates: 16 September 2013 Decision date: 19 September 2013 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Order that the accused JP be tried separately from the accused JH Catchwords: CRIMINAL LAW - application for separate trial - a central issue in Crown case is the identity of the person who wielded a bottle used as a weapon against the deceased - Crown case against applicant is reasonably strong circumstantial case - evidence against co-accused inadmissible against applicant - inadmissible evidence is only evidence capable of being seen as directly bearing upon above issue - Crown case made stronger by reason of prejudicial inadmissible material - jury directions not sufficient to avoid miscarriage of justice - real risk of positive injustice in joint trial - separate trial ordered Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Ignjatic v R (1993) 68 A Crim R 333 Madubuko v R [2011] NSWCCA 135 Pham [2004] NSWCCA 190 R v Baartman (NSWCCA, 6 October 1994, unreported) R v Domican (1989) 43 A Crim R 24 R v Fernando [1999] NSWCCA 66 R v Iskander [2011] NSWSC 1192 R v Lockett [2013] NSWSC 859 R v Middis (NSWSC, 27 March 1991, unreported) R v Patsalis (1999) 107 A Crim R 432 R v Taouk (NSWCCA, 17 December 1992, unreported) Webb & Hay v R (1994) 181 CLR 41 Category: Interlocutory applications Parties: Regina (Crown) JP (Applicant) Representation: Counsel: P Leask (Crown) PD Young SC (Applicant) Solicitors: Solicitor for Public Prosecutions (Crown) Lex Fori Lawyers (Applicant) File Number(s): 2011/235975