R v Khayat (No 4) [2019] NSWSC 1317

R v Khayat (No 4) [2019] NSWSC 1317

Mahmoud did not establish a real risk of positive injustice from a joint trial. Although Khaled's admissions made the Crown case against Khaled stronger, there was a substantial body of common evidence against both accused, including communications, forensic evidence, Mahmoud's admissions and alleged lies capable of evidencing consciousness of guilt. The Crown's circumstantial case against Mahmoud was capable of giving rise to significant inferences without using Khaled's interviews, and any prejudice could be ameliorated by appropriate jury directions. The interests of the administration of justice did not favour separate trials.

Jurisdiction
Australia
Judgment Date
14 March 2019
Procedural Posture
Criminal Proceeding; Conspiracy to Do Acts in Preparation for a Terrorist Act / Application by Mahmoud Khayat for Separate Trial
Outcome
Application for separate trial refused.
Legal Topics
['separate Trial' 'joint Trial of Co Accused' 'conspiracy' 'terrorist Act Offences' 'circumstantial Evidence' 'admissions in Recorded Interviews' 'prejudice' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['separate Trial' 'joint Trial of Co Accused' 'conspiracy' 'terrorist Act Offences' 'circumstantial Evidence' 'admissions in Recorded Interviews' 'prejudice' 'jury Directions']

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Procedural Posture

Criminal Proceeding; Conspiracy to Do Acts in Preparation for a Terrorist Act / Application by Mahmoud Khayat for Separate Trial

Legal Issues

  1. 1 ['Whether Mahmoud Khayat should be tried separately from Khaled Khayat on the same conspiracy charge.' "Whether there was a real risk that a positive injustice would be caused to Mahmoud by a joint trial because the jury might use Khaled's admissions as the lens through which to view the circumstantial evidence against Mahmoud." "Whether any prejudice to Mahmoud from Khaled's recorded interviews could be ameliorated by appropriate jury directions."]

Ratio Decidendi

Mahmoud did not establish a real risk of positive injustice from a joint trial. Although Khaled's admissions made the Crown case against Khaled stronger, there was a substantial body of common evidence against both accused, including communications, forensic evidence, Mahmoud's admissions and alleged lies capable of evidencing consciousness of guilt. The Crown's circumstantial case against Mahmoud was capable of giving rise to significant inferences without using Khaled's interviews, and any prejudice could be ameliorated by appropriate jury directions. The interests of the administration of justice did not favour separate trials.

Court Disposition

Application for separate trial refused.

Orders

  • ['Refuse the application for a separate trial made by Mahmoud Khayat.']