R v Mitchison; R v Wells; R v Whelan (No 2) [2016] NSWSC 464

Supreme Court New South Wales

Medium Neutral Citation: R v Mitchison; R v Wells; R v Whelan (No 2) [2016] NSWSC 464 Hearing dates: 6 April 2016 Decision date: 07 April 2016 Before: R A Hulme J Decision: Applications for jury to be discharged is refused Catchwords: CRIMINAL LAW – practice and procedure – application for discharge of the jury – joint trial – whether evidence caused prejudice to applicant – evidence admitted on basis of relevance to credibility of a witness' evidence inculpating a co-accused – where evidence would not have entered a trial of the applicant alone – no unfair prejudice in the circumstances – application refused Legislation Cited: Evidence Act 1995 (NSW) ss 38, 106 Cases Cited: R v Mitchison; R v Wells; R v Whelan [2016] NSWSC 463 R v Pham [2004] NSWCCA 9 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 with Ms I Reed (Whelan)

Solicitors: Solicitor for Public Prosecutions Conaghan Lawyers Harris Wheeler File Number(s): 2014/91834; 2014/91855

Judgment 1. HIS HONOUR: Mr Brady SC for the accused Kris Mitchison and Mr Cavanagh and Ms Reed for the accused Ricky Whelan have applied for the jury to be discharged in respect of their clients. In effect, this would leave the trial being concerned solely with the accused Caron Wells. 2. The basis of the application is that prejudicial evidence has been given by Ms Taylor Jane Anderson who is a half-sister to Mr Mitchison and the daughter of Ms Wells.