R v Mitchison; R v Wells; R v Whelan [2016] NSWSC 463

Supreme Court New South Wales

Medium Neutral Citation: R v Mitchison; R v Wells; R v Whelan [2016] NSWSC 463 Hearing dates: 17 March 2016 Decision date: 30 March 2016 Before: R A Hulme J Decision: The application by the accused Mitchison for a separate trial is refused. Evidence of alleged assault by accused Whelan of a witness is admissible. Catchwords: CRIMINAL LAW – separate trial application – where joint enterprise assault alleged – prejudicial evidence inadmissible against the applicant but admissible against co-accused – adequate jury directions can avoid unfair prejudice – application refused CRIMINAL LAW – objection to Crown witness evidence – whether evidence of uncharged assault irrelevant to Crown case or unfairly prejudicial to accused – assault inextricably linked with narrative of the offence – evidence relevant to the state of mind of the accused and admissible as transactional evidence Cases Cited: Adam v R [1999] NSWCCA 189; 106 A Crim R 510 Harriman v The Queen [1989] HCA 50; 167 CLR 590 O'Leary v The Queen [1946] HCA 44; 73 CLR 566 R v Mostyn [2004] NSWCCA 97; 145 A Crim R 304 R v Pham [2004] NSWCCA 190 R v Player [2000] NSWCCA 123; 217 ALR 578 Category: Procedural and other rulings Parties: Regina Kris Mitchison Ricky Paul Whelan Representation: Counsel: Mr W Creasey SC (Crown) Mr G Brady SC (Mitchison) Mr R Cavanagh (Whelan)