R v Hawkins; R v Garland [2023] NSWSC 1201

R v Hawkins; R v Garland [2023] NSWSC 1201

The Court found that the risk of prejudice to Jason Hawkins from evidence admissible only against Stephen Garland was real and substantial, such that judicial directions would not suffice to eliminate the prejudice, and therefore a separate trial was necessary in the interests of justice under ss 21 and 29 of the Criminal Procedure Act 1986 (NSW).

Jurisdiction
Australia
Judgment Date
09 October 2023
Procedural Posture
Criminal / Procedural Ruling on Application for Separate Trial Prior to Trial
Outcome
Application granted; joint trial to be severed. Jason Hawkins and Stephen Garland to be tried separately.
Legal Topics
['separate Trial' 'severance' 'murder' 'joint Criminal Enterprise' 'cut Throat Defence' 'admissibility of Evidence' 'prejudice' 'judicial Directions' 'accessory After the Fact']
['criminal Law'] ['separate Trial' 'severance' 'murder' 'joint Criminal Enterprise' 'cut Throat Defence' 'admissibility of Evidence' 'prejudice' 'judicial Directions' 'accessory After the Fact']

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Procedural Posture

Criminal / Procedural Ruling on Application for Separate Trial Prior to Trial

Legal Issues

  1. 1 ['Whether Jason Hawkins should be tried separately from Stephen Garland due to prejudicial evidence' 'Whether judicial directions could ameliorate the prejudice of inadmissible evidence in a joint trial' 'Application of the principles regarding joint trials for co-accused with cut-throat defences']

Ratio Decidendi

The Court found that the risk of prejudice to Jason Hawkins from evidence admissible only against Stephen Garland was real and substantial, such that judicial directions would not suffice to eliminate the prejudice, and therefore a separate trial was necessary in the interests of justice under ss 21 and 29 of the Criminal Procedure Act 1986 (NSW).

Court Disposition

Application granted; joint trial to be severed. Jason Hawkins and Stephen Garland to be tried separately.

Orders

  • ['Pursuant to ss 21 and 29 of the Criminal Procedure Act 1986 (NSW), Jason Hawkins to be tried separately from Stephen Garland.']