R (Cth) v Lipton [2019] NSWSC 372

R (Cth) v Lipton [2019] NSWSC 372

The applicant has not discharged the onus of demonstrating that a separate trial is warranted. The evidence against him is not significantly weaker or different than that against the co-accused, the risk of impermissible prejudice can be addressed by jury directions, and the public interest in a joint trial outweighs arguments for severance.

Parties
Prosecution: Regina (Crown); Applicant/accused: Richard Lipton
Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Criminal / Application for Separate Trial Prior to Substantive Trial
Outcome
application for separate trial refused
Legal Topics
Conspiracy, Importation of Drugs, Separate Trials, Joint Trials, Prejudice, Co Conspirators' Rule, Criminal Procedure
Criminal Law Conspiracy Importation of Drugs Separate Trials Joint Trials Prejudice Co Conspirators' Rule Criminal Procedure

Case Brief

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Parties

Regina (Crown)

Prosecution

Richard Lipton

Applicant/accused

Procedural Posture

Criminal / Application for Separate Trial Prior to Substantive Trial

Legal Issues

  1. 1 Whether the applicant should be granted a separate trial from the co-accused due to risk of unfair prejudice
  2. 2 Whether the evidence against the applicant is significantly weaker or different than that against co-accused so as to justify a separate trial

Ratio Decidendi

The applicant has not discharged the onus of demonstrating that a separate trial is warranted. The evidence against him is not significantly weaker or different than that against the co-accused, the risk of impermissible prejudice can be addressed by jury directions, and the public interest in a joint trial outweighs arguments for severance.

Court Disposition

application for separate trial refused

Orders

  • The application for a separate trial is refused and the Notice of Motion of 6 November 2018 is dismissed.