R v Macdonald; R v Maitland [2015] NSWSC 1704

Supreme Court New South Wales

Medium Neutral Citation: R v Macdonald; R v Maitland [2015] NSWSC 1704 Hearing dates: 13 November 2015 Decision date: 17 November 2015 Jurisdiction: Common Law Before: Johnson J Decision: Application by John William Maitland for a separate trial is refused. Catchwords: CRIMINAL LAW - separate trial application - applicant charged with aiding and abetting misconduct in public office (two counts) - seeks to be tried separately from co-accused charged with misconduct in public office (two counts) - application based upon suggested prejudice flowing to applicant from adverse media publicity surrounding co-accused - applicant has not demonstrated real risk of positive injustice if joint trial proceeds - application refused Legislation Cited: Criminal Procedure Act 1976 Jury Act 1977 Mining Act 1992 Cases Cited: Montgomery v HM Advocate [2003] 1 AC 641 R v Bikic [2000] NSWCCA 106; 112 A Crim R 300 R v CE [2005] NSWCCA 326 R v Jamal [2008] NSWCCA 177; 72 NSWLR 258 R v McNeil [2015] NSWSC 357 Symss v R [2003] NSWCCA 77 Webb and Hay v The Queen [1994] HCA 30; 181 CLR 41 Texts Cited: --- Category: Procedural and other rulings Parties: John William Maitland (Applicant) Regina (Respondent) Representation: Mr PD Massey (Applicant) Mr PW Neil SC; Mr PJ English (Respondent) Mr E James (for Ian Macdonald) File Number(s): 2015/59990