R v Samandi [2018] NSWDC 397

R v Samandi [2018] NSWDC 397

Count 5 should be severed from the indictment because evidence relevant solely to Count 5 is not relevant or admissible to the proof of other counts, and the nature of the inquiry for Count 5 is materially different, raising issues of potential prejudice to the accused in a joint trial that cannot be cured by judicial direction. The interests of justice and s 21 and s 29(3) of the Criminal Procedure Act 1986 require separate trial.

Jurisdiction
Australia
Judgment Date
16 October 2018
Procedural Posture
Criminal / Pre Trial Application for Severance of Indictment Count
Outcome
Application to sever Count 5 from the indictment is granted.
Legal Topics
['severance of Counts' 'prejudice in Joint Trial' 'procedure Joinder/separation of Charges' 'interests of Justice']
['criminal Law' 'criminal Procedure'] ['severance of Counts' 'prejudice in Joint Trial' 'procedure Joinder/separation of Charges' 'interests of Justice']

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Procedural Posture

Criminal / Pre Trial Application for Severance of Indictment Count

Legal Issues

  1. 1 ['Whether Count 5 should be severed from the indictment and tried separately from the other counts, particularly Count 4' 'Nature and extent of prejudice to the accused if counts are tried together' 'Application of ss 21 and 29 of the Criminal Procedure Act 1986 to the facts']

Ratio Decidendi

Count 5 should be severed from the indictment because evidence relevant solely to Count 5 is not relevant or admissible to the proof of other counts, and the nature of the inquiry for Count 5 is materially different, raising issues of potential prejudice to the accused in a joint trial that cannot be cured by judicial direction. The interests of justice and s 21 and s 29(3) of the Criminal Procedure Act 1986 require separate trial.

Court Disposition

Application to sever Count 5 from the indictment is granted.

Orders

  • ['Count 5 to be separated from Count 4 and the other counts in the indictment.']