Regina v Adnan Darwiche [2006] NSWSC 923

Regina v Adnan Darwiche [2006] NSWSC 923

The accused's motion for a separate trial was dismissed because the surveillance evidence complained of would be admissible at any separate trial, and the risk of prejudice may be adequately addressed by directions to the jury. Leave to substitute the indictment was granted under s 20 of the Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
31 March 2006
Procedural Posture
Criminal / Pre Trial Motion for Separate Trial and Substituted Indictment
Outcome
Motion dismissed; leave granted to Crown to substitute indictment
Legal Topics
['separate Trial Application' 'substituted Indictment']
['criminal Law'] ['separate Trial Application' 'substituted Indictment']

Case Brief

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Procedural Posture

Criminal / Pre Trial Motion for Separate Trial and Substituted Indictment

Legal Issues

  1. 1 ['Whether a separate trial should be ordered for the accused on certain counts' 'Whether leave to substitute an indictment should be granted']

Ratio Decidendi

The accused's motion for a separate trial was dismissed because the surveillance evidence complained of would be admissible at any separate trial, and the risk of prejudice may be adequately addressed by directions to the jury. Leave to substitute the indictment was granted under s 20 of the Criminal Procedure Act 1986.

Court Disposition

Motion dismissed; leave granted to Crown to substitute indictment

Orders

  • ["The accused's motion is dismissed." 'Pursuant to s 20 of the Criminal Procedure Act 1986 leave is granted to the Crown to substitute an indictment in the form of the draft handed up on 29 March 2006.']