R v Hazairin Iskandar; R v Andrew Iskandar & R v Nita Iskandar [2011] NSWSC 1192

R v Hazairin Iskandar; R v Andrew Iskandar & R v Nita Iskandar [2011] NSWSC 1192

A separate trial is warranted for Hazairin Iskandar as the evidence against him is significantly weaker and fundamentally different from that against Andrew Iskandar, containing admissions by Andrew highly prejudicial to the Applicant. Attempting to mitigate such prejudice by jury direction is unlikely to suffice, risking positive injustice.

Jurisdiction
Australia
Judgment Date
11 October 2011
Procedural Posture
Interlocutory Criminal Application / Pre Trial Ruling on Separate Trial Application
Outcome
Separate trial granted for Hazairin Iskandar
Legal Topics
['separate Trial of Co Accused' 'prejudicial Evidence' 'joint Criminal Enterprise' 'admissions by Co Accused' 'procedural Fairness']
['criminal Law'] ['separate Trial of Co Accused' 'prejudicial Evidence' 'joint Criminal Enterprise' 'admissions by Co Accused' 'procedural Fairness']

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Procedural Posture

Interlocutory Criminal Application / Pre Trial Ruling on Separate Trial Application

Legal Issues

  1. 1 ['Whether Hazairin Iskandar should be tried separately from Andrew Iskandar due to prejudicial admissions made by co-accused' 'Whether prejudicial evidence would cause positive injustice to the Applicant in a joint trial']

Ratio Decidendi

A separate trial is warranted for Hazairin Iskandar as the evidence against him is significantly weaker and fundamentally different from that against Andrew Iskandar, containing admissions by Andrew highly prejudicial to the Applicant. Attempting to mitigate such prejudice by jury direction is unlikely to suffice, risking positive injustice.

Court Disposition

Separate trial granted for Hazairin Iskandar

Orders

  • ['Hazairin Iskandar to be tried separately from Andrew Iskandar.' 'The trial of Hazairin Iskandar stood over to the Arraignments List on 11 November 2011.']