R v MR, JB and CS (young persons) [2024] NSWSC 194

R v MR, JB and CS (young persons) [2024] NSWSC 194

There is insufficient basis to find that the Crown case against JB or CS is sufficiently weak or different so as to justify separate trials; any prejudice arising from evidence admissible only against co-accused can be mitigated by appropriate judicial directions; thus, no real risk of positive injustice is made out and joint trial may proceed.

Jurisdiction
Australia
Judgment Date
04 March 2024
Procedural Posture
Criminal / Procedural Ruling on Severance (separate Trial Applications Prior to Trial Commencement)
Outcome
Applications for separate trial by JB and CS refused; order made for additional jurors to be empanelled.
Legal Topics
['joinder and Severance' 'joint Criminal Enterprise' 'prejudice in Joint Trials' 'judicial Directions']
['criminal Law'] ['joinder and Severance' 'joint Criminal Enterprise' 'prejudice in Joint Trials' 'judicial Directions']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Severance (separate Trial Applications Prior to Trial Commencement)

Legal Issues

  1. 1 ['Whether applications by JB and CS for separate trials should be granted due to risk of positive injustice from prejudice in a joint trial' 'Whether evidence admissible against co-accused would cause unfairness to JB or CS']

Ratio Decidendi

There is insufficient basis to find that the Crown case against JB or CS is sufficiently weak or different so as to justify separate trials; any prejudice arising from evidence admissible only against co-accused can be mitigated by appropriate judicial directions; thus, no real risk of positive injustice is made out and joint trial may proceed.

Court Disposition

Applications for separate trial by JB and CS refused; order made for additional jurors to be empanelled.

Orders

  • ['The application by JB for a separate trial is refused.' 'The application by CS for a separate trial is refused.' 'Three (3) additional jurors be empanelled in accordance with ss 19(2) and 19(3) of the Jury Act 1977 (NSW) and s 5 of the Jury Regulation 2022 (NSW).']