R v Newson; R v Cunneen (No 2) [2020] NSWSC 462

Supreme Court New South Wales

Medium Neutral Citation: R v Newson; R v Cunneen (No 2) [2020] NSWSC 462 Hearing dates: 8 April 2020 Decision date: 30 April 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) James Anthony Cunneen is to be tried on the charge of accessory after the fact to murder, pursuant to s 349(1) of the Crimes Act 1900 (NSW), separately from Sayle Kenneth Newson, who is to be tried on the charge of murder pursuant to s 18(1)(a) of the Crimes Act 1900 (NSW). (2) The matter of R v Sayle Kenneth Newson is stood over to the Arraignments List on 1 May 2020, for the purpose of fixing a fresh trial date. (3) The matter of R v James Anthony Cunneen is stood over to 6 May 2020. Catchwords: CRIMINAL PROCEDURE – trial – separate trial application – prejudicial evidence implicating the applicant – separate trial granted Legislation Cited: Criminal Procedure Act 1986 (NSW) Cases Cited: R v Middis (Supreme Court (NSW), Hunt J, 27 March 1991, unrep) R v Pham [2004] NSWCCA 190 Category: Procedural rulings Parties: Regina (Plaintiff) Sayle Kenneth Newson (Accused) James Anthony Cunneen (Accused/Applicant) Representation: Counsel: L Carr SC (Crown) P Massey (Accused Newson) P Krisenthal (Accused/Applicant Cunneen)

Solicitors: Office of the Director of Public Prosecutions (Crown) Ramsland Laidler Solicitors (Accused Newson) O'Brien Winter Partners (Accused/Applicant Cunneen) File Number(s): 2017/183274; 2017/186919