Kautoga v R [2017] NSWCCA 107

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kautoga v R [2017] NSWCCA 107 Hearing dates: 8 May 2017 Date of orders: 24 May 2017 Decision date: 24 May 2017 Before: Beazley ACJ [1]; Adamson J [2]; Wilson J [35] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against interlocutory judgment – refusal by trial judge to sever indictment – use of coincidence and tendency evidence – whether risk of prejudice to applicant arising from evidence inadmissible for one purpose but admissible for another can be ameliorated by jury directions – where trial judge finds it is in interests of justice for counts on indictment to be tried together – whether trial judge made an error in exercise of discretion – HELD –appeal dismissed – no error in decision to refuse application for separate trials and for severance of indictment Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F(3)(a) Criminal Procedure Act 1986 (NSW), ss 21, 21(2), 29, 29(1)(c), 29(3) Evidence Act 1995 (NSW), ss 97, 98, 101, 101(2), 137 Cases Cited: DAO v The Queen (2011) 81 NSWLR 568; [2011] NSWCCA 63 House v The King (1936) 55 CLR 499 R v Gale; R v Duckworth (2012) 217 A Crim R 487; [2012] NSWCCA 174 Category: Principal judgment Parties: Ratu Pio Kautoga (Applicant) Regina (Respondent) Representation: Counsel: G James QC (Applicant) T Smith (Crown)