R v Alkanaan, R v Toleafoa [2014] NSWSC 1479

Supreme Court New South Wales

Medium Neutral Citation: R v Alkanaan, R v Toleafoa [2014] NSWSC 1479 Hearing dates: 16/10/2014,24/10/2014 (Final Written Submissions) Decision date: 31 October 2014 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Application for separate trials of Counts 3 and 4 on the Indictment presented on 4 April 2014 dismissed. Catchwords: CRIMINAL LAW - procedure - sever charges on indictment, application to - murder charge - two conspiracy charges - Criminal Procedure Act 1986, s 21 and s 29 - accused person may be prejudiced or embarrassed in his defence by reason of being charged with the conspiracy charges, whether- evidence of conspiracy counts admissible on the murder count -directions by trial Judge on conspiracy counts - will overly complicate trial, whether - will distract the jury from its determination in the murder count, whether - interests of administration of justice - interests of justice - severance refused Cases Cited: Kuehne v R [2012] NSWCCA 270 McCarthy v Regina (1984) 14 A Crim R 155 McKey v Regina [2012] NSWCCA 1 R v Assim [1966] 2 QB 249 R v Ceissman [2010] NSWCCA 50 R v Verma (1987) 30 A Crim R 441 Samadi and Djait v Regina [2008] NSWCCA 330; (2008) 192 A Crim R 251 Category: Principal judgment Parties: Falah Alkanaan (Applicant) Ben Toleafoa (Co-Accused) Director of Public Prosecutions (Crown) Representation: Counsel: C G Wendler / W Soon (Applicant) (Co-Accused) C Patrick (Crown)