NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Spicer [2013] NSWSC 1907 Hearing dates: 6 December 2013 Date of orders: 18 December 2013 Decision date: 18 December 2013 Before: Harrison J Decision: Application for separate trial dismissed Catchwords: CRIMINAL LAW – application for separate trial – s 21(2)(b) Criminal Procedure Act 1986 – circumstantial case – where Crown proposes to lead evidence against co-accused which is inadmissible against applicant – whether evidence highly prejudicial to applicant – whether potential prejudice can be quarantined by directions to jury – where scope for potential prejudice is limited – application dismissed Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Gilbert v The Queen [2000] HCA 15; (2000) 201 CLR 414 Madubuko v R [2011] NSWCCA 135 Regina v Patsalis & Spathis [No 1] [1999] NSWSC 649; (1999) 107 A Crim R 432 R v Abrahams [2013] NSWSC 729 R v Iskander [2011] NSWSC 1192 R v Pham [2004] NSWCCA 190 R v Symss [2003] NSWCCA 77 Webb & Hay v The Queen [1994] HCA 30; (1994) 181 CLR 41 Category: Procedural and other rulings Parties: Regina (Crown) Bernard Justin Spicer (Defendant) Representation: Counsel: C Maxwell QC (Crown) N Steel (Spicer)
Solicitors: Director of Public Prosecutions (Crown) George Smirilios (Spicer) File Number(s): 2011/00410452 Publication restriction: Nil
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