R v Misiepo; R v Barnes [2015] NSWSC 793

R v Misiepo; R v Barnes [2015] NSWSC 793

The intercepted telephone conversation between Barnes and Brendan included a statement capable of being understood as referring to Misiepo and saying that Misiepo did the stabbing. That statement was exculpatory of Barnes, inculpatory of Misiepo, highly prejudicial, and inadmissible against Misiepo. Together with statements conveying Barnes' supposed knowledge that Misiepo had the character and disposition to inflict serious harm, there was a real risk the Crown case against Misiepo would be made very much stronger by inadmissible prejudicial material. Jury directions would not satisfactorily remove that significant prejudice, so a joint trial would cause positive injustice and the...

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Criminal Application for Separate Trials of Co Accused / Pre Trial Notice of Motion for Separate Trial
Outcome
Application granted; separate trials ordered.
Legal Topics
['separate Trials' 'joint Trial of Co Accused' 'prejudicial Evidence' 'telephone Intercepts' 'police Interviews' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['separate Trials' 'joint Trial of Co Accused' 'prejudicial Evidence' 'telephone Intercepts' 'police Interviews' 'jury Directions']

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Procedural Posture

Criminal Application for Separate Trials of Co Accused / Pre Trial Notice of Motion for Separate Trial

Legal Issues

  1. 1 ['Whether the applicant Chad Misiepo should be tried separately from the co-accused Reece Barnes under s 29(3) Criminal Procedure Act 1986.' 'Whether evidence admissible against Barnes but inadmissible against Misiepo, including a telephone intercept and statements about fear of Misiepo, would create a positive injustice in a joint trial.' 'Whether any prejudice to Misiepo could be cured by directions to the jury.']

Ratio Decidendi

The intercepted telephone conversation between Barnes and Brendan included a statement capable of being understood as referring to Misiepo and saying that Misiepo did the stabbing. That statement was exculpatory of Barnes, inculpatory of Misiepo, highly prejudicial, and inadmissible against Misiepo. Together with statements conveying Barnes' supposed knowledge that Misiepo had the character and disposition to inflict serious harm, there was a real risk the Crown case against Misiepo would be made very much stronger by inadmissible prejudicial material. Jury directions would not satisfactorily remove that significant prejudice, so a joint trial would cause positive injustice and the...

Court Disposition

Application granted; separate trials ordered.

Orders

  • ['Order that there be separate trials in the matters of Chad Frederick Misiepo (2014/5390), and Reece George Barnes (2014/425).']