R v Afu; R v Caleo (No 8) [2018] NSWSC 187

Supreme Court New South Wales

Medium Neutral Citation: R v Afu; R v Caleo (No 8) [2018] NSWSC 187 Hearing dates: 5 February 2018 Decision date: 06 February 2018 Jurisdiction: Common Law Before: R A Hulme J Decision: Application for separate trial refused Catchwords: CRIMINAL PROCEDURE – application for separate trials – whether evidence against one accused significantly weaker than evidence against co-accused – whether evidence against co-accused highly prejudicial to applicant such that there is real risk that it will make case against applicant impermissibly stronger – whether unfairness can be remedied by directions to the jury – whether in the interests of justice that the whole set of circumstances be presented to the jury – whether balance possible between public interest in jury hearing trials together and any prejudice to co-accused – possible prejudice can be ameliorated by direction – possible future applications during course of trial not foreclosed – application refused. Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 29(2), 29(3) Cases Cited: Osman v R [2006] NSWCCA 196 R v Afu; R v Caleo [2017] NSWSC 1780 R v Darby (1982) 148 CLR 668; [1982] HCA 32 R v Fernando & Anor [1999] NSWCCA 66 R v Middis (Supreme Court of New South Wales, Hunt J, 27 March 1991, unrep R v Patsalis & Spathis (No 1) [1999] NSWSC 649; 107 A Crim R 432 R v Piller; R v Kramer; R v Edwards (1995) 86 A Crim R 249 R v Privett [1999] NSWSC 1074 R v Rogerson; R v McNamara (No 3) [2015] NSWSC 965 R v Spathis; R v Patsalis [2001] NSWCCA 476 Regina v Pham [2004] NSWCCA 190 Symss v The Queen [2003] NSWCCA 77 Category: Procedural and other rulings Parties: Regina Mark Richard Caleo (Accused) Representation: Counsel: Ms M Cunneen SC (Crown) Mr G Brady SC with Ms R Khalilizadeh (Accused)