R v Munshizada; R v Danishyar; R v Baines (No 1) [2019] NSWSC 293

Supreme Court New South Wales

Medium Neutral Citation: R v Munshizada; R v Danishyar; R v Baines (No 1) [2019] NSWSC 293 Hearing dates: 12-13 March 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: (1) Leave is granted to the Crown to present a fresh indictment against Siar Munshizada, Mirwais Danishyar and Joshua Donald Baines charging: (a) that on 9 September 2016 at St Marys in the State of New South Wales they did murder Mehmet Yilmaz; and (b) that on 14 November 2016 at Earlwood in the State of New South Wales they did murder Pasquale Barbaro. (2) The trial of the three said accused is to proceed as a joint trial of all of them on both counts. (3) The date for commencement of the trial is confirmed as 11 June 2019. (4) The application of Joshua Donald Baines that he be tried on the charge that he did murder Pasquale Barbaro separately from the trial of Siar Munshizada on the same charge is dismissed. (5) The trial of Siar Munshizada on the charge that on 29-30 March 2016 at Kingswood in the State of New South Wales he did murder Michael Davey and the trial of Abuzar Sultani on the same charge are to commence immediately following the trial referred to in orders (1)-(3). The Crown is to notify those two accused by 11 June 2019 whether it elects to present one indictment against both of them for trial together or, if not, the order in which they are to be tried. Catchwords: CRIMINAL PROCEDURE – application to sever counts – joinder of counts not justified unless evidence cross-admissible – administrative factors – direction capable of averting prejudicial effect – leave granted to Crown to present indictment charging two murders– application for separate trial dismissed – no risk of positive injustice