R v Misiepo; R v Barnes [2015] NSWSC 793

Supreme Court New South Wales

Medium Neutral Citation: R v Misiepo; R v Barnes [2015] NSWSC 793 Hearing dates: 8 May 2015 Decision date: 19 June 2015 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Order made that there be separate trials in the matters of Chad Frederick Misiepo (2014/5390), and Reece George Barnes (2014/425) Catchwords: CRIMINAL LAW – Application for separate trials of co-accused – Evidence proposed to be adduced admissible against one co-accused but prejudicial and inadmissible against the other co-accused – Evidence in dispute included transcript of police interview with one co-accused and intercepted telephone conversations – Generally desirable that co-offenders be tried together – Whether in this case appropriate to make an order for separate trials based on likely prejudice – Likelihood of prejudice arising from inadmissible statements by the co-offender in the course of an intercepted conversation and such statements capable of having been made during 'unguarded conversations – Whether prejudice to one co-accused could be overcome by directions to the jury – Held unlikely that directions to jury in relation to highly prejudicial evidence could overcome prejudice – Discretion to order separate trials under s 29(3) Criminal Procedure Act 1986 exercised – Separate trials of co-offenders ordered Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Annakin v R (1988) 17 NSWLR 202 R v Baartman (NSWCCA, 6 October 1994, unreported) R v Collie (1991) 56 SASR 302 R v Glover (1987) 46 SASR 310 R v Middis (NSWSC, 27 March 1991, unreported) R v Pham [2004] NSWCCA 190 Webb and Hay v R (1994) 181 CLR 41 Category: Procedural and other rulings Parties: Regina (Crown) Chad Frederick Misiepo (Applicant/Accused) Reece George Barnes (Co‑Accused) Representation: Counsel: B Campbell (Crown) K Traill (Misiepo) A Evers (Barnes)