Commonwealth Director of Public Prosecutions v Burrows [2017] NSWCCA 105

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Burrows [2017] NSWCCA 105 Hearing dates: 21 April 2017 Date of orders: 21 April 2017 Decision date: 24 May 2017 Before: Johnson J at [1]; Fullerton J at [83]; Adamson J at [84] Decision: Appeal by Commonwealth Director of Public Prosecutions dismissed. Catchwords: CRIMINAL LAW - prosecution appeal under s.5F(2) Criminal Appeal Act 1912 from order that Respondent be tried separately from other accused - other accused charged with conspiracy to import commercial quantity of cocaine - Respondent charged with possession of marketable quantity of cocaine - limited evidence against Respondent - primary Judge found there was real risk of positive injustice to Respondent if he was tried jointly with other accused - duties of prosecution and defence counsel concerning conduct of criminal trial - relevance of cost to Legal Aid Commission if Respondent tried jointly with other accused in a long trial - discretionary error not demonstrated - appeal dismissed Legislation Cited: Criminal Appeal Act 1912 Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 Evidence Act 1995 District Court Rules 1973 Legal Profession Uniform Conduct (Barristers) Rules 2015 Cases Cited: DAO v R (2011) 81 NSWLR 568; [2011] NSWCCA 63 House v The King (1936) 55 CLR 499; [1936] HCA 40 R v Bikic (2000) 112 A Crim R 300; [2000] NSWCCA 106 R v CE [2005] NSWCCA 326 R v Douglas [2000] NSWCCA 275 R v Guldur (1986) 8 NSWLR 12 R v Henry; R v Gravett; R v Swansson [2008] NSWCCA 248 R v Middis (Hunt J, unreported, 27 March 1991) R v Quami and Ors (No. 3) [2016] NSWSC 15 R v Saunders (1994) 72 A Crim R 347 Symss v R [2003] NSWCCA 77 Trotter v R [2016] NSWCCA 57 Webb and Hay v The Queen (1994) 181 CLR 41; [1994] HCA 30 Texts Cited: --- Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (Appellant) Andrew Allen Burrows (Respondent) Representation: Counsel: Mr DK Jordan (Appellant) Ms A Cook (Respondent)