NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Khayat (No 4) [2019] NSWSC 1317 Hearing dates: 14 March 2019 Date of orders: 14 March 2019 Decision date: 14 March 2019 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Application for separate trial refused. Catchwords: CRIMINAL PROCEDURE – application for separate trial – applicable test – alleged prejudice arising from possibility that jury will view circumstantial evidence through lens of one accused's comprehensive admissions in recorded interviews – prejudice can be overcome by orthodox directions – application refused Legislation Cited: Criminal Code Act 1995 (Cth), ss 11.5, 101.6 Cases Cited: Regina (Commonwealth) v Baladjam (No 49) [2008] NSWSC 1468 R v Pham [2004] NSWCCA 190 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 The Queen v Hillier (2007) 228 CLR 618; [2007] HCA 13 Category: Procedural and other rulings Parties: Regina Khaled Mahmoud Khayat (Accused) Mahmoud Khayat (Accused) Representation: Counsel: L Crowley QC/Y Shariff (Crown) R C Pontello (Accused Khaled Khayat) B Walmsley QC (Accused Mahmoud Khayat)
Solicitors: Commonwealth Director of Public Prosecutions (Crown) Matouk Joyner Lawyers (Accused Khaled Mahmoud Khayat) Birchgrove Legal (Accused Mahmoud Khayat) File Number(s): 2017/236820; 2017/236835
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