R v Hiroki [2014] NSWSC 365

Supreme Court New South Wales

Medium Neutral Citation: R v Hiroki [2014] NSWSC 365 Hearing dates: 26/03/2014 Decision date: 03 April 2014 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Motion dated 3 March 2014 for a separate trial is dismissed. Catchwords: CRIMINAL LAW - applicant charged with one count of murder and alternative count of being accessory after the fact to murder - separate trials; application for - whether risk of positive injustice in joint trial with co-accused - where potentially prejudicial evidence of co-accused to be tendered is not admissible against applicant - history of violent relationship between applicant and co-accused - fears of physical and psychological harm and impact upon applicant presenting reasoned defence at trial - balancing exercise of public interest considerations - cost, expense and inconvenience of separate trial where evidence will be substantially similar - importance of both accused appearing before jury where each attributes blame to the other for alleged crime. Legislation Cited: Crimes Act 1900 Cases Cited: Ali v R [2005] HCA 8; (2005) 79 ALJR 662 Gilbert v The Queen [2000] HCA 15; (2000) 201 CLR 414 R v Assim v The Queen [1966] 2 QB 249 R v Baartman NSWCCA, unreported, 6 October1994) R v Beavan (1952) 69 WN (NSW) 140 R v Dellapatrona (1993) 31 NSWLR 123 R v Fernando [1999] NSWCCA 66 R v Lu; R v Pham [2007] NSWSC 1141 R v Middis NSWSC, unreported NSWSC, 27 March 1991 R v Pham [2004] NSWCCA 190 Ross v R [2012] NSWCCA 207 Webb v The Queen; Hay v The Queen [994] HCA 30; (1994) 181 CLR 41 Category: Interlocutory applications Parties: The Crown Aroha Hiroki (Applicant) Representation: Counsel: Ms Cinque / B Stanley (Crown) Ms Mathur (Applicant) Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Applicant) File Number(s): 2011/296712 2013/94415