R v Cranston (No 4) [2020] NSWSC 1104

R v Cranston (No 4) [2020] NSWSC 1104

Although joint trials are ordinarily appropriate for jointly charged accused, Adam Cranston's continued lack of representation in a long and complex conspiracy trial would create a real risk of irremediable prejudice to his represented co-accused, because his conduct of the trial would likely require frequent judicial intervention and could inadvertently make admissions, introduce personal knowledge, or prejudice co-accused through questioning and addresses. However, because unresolved applications for legal assistance remained, the Court did not immediately order severance and adjourned the separate trial application to October 2020. Lauren Cranston was not shown to face irremediable...

Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Criminal Procedure Application for Separate Trial / Pre Trial Procedural Ruling
Outcome
Application for a separate trial adjourned to a date to be fixed in October 2020; no order for separate trial made at this time.
Legal Topics
['separate Trials' 'joint Trials' 'unrepresented Accused' 'dietrich Stay' 'jury Prejudice' 'conspiracy']
['criminal Procedure' 'criminal Law'] ['separate Trials' 'joint Trials' 'unrepresented Accused' 'dietrich Stay' 'jury Prejudice' 'conspiracy']

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Procedural Posture

Criminal Procedure Application for Separate Trial / Pre Trial Procedural Ruling

Legal Issues

  1. 1 ['Whether the trial of Adam Cranston should be separated from the trial of his co-accused if he remains unrepresented.' 'Whether Lauren Cranston should have a separate trial from her remaining co-accused.' 'Whether any prejudice from a joint trial could be addressed by jury directions.']

Ratio Decidendi

Although joint trials are ordinarily appropriate for jointly charged accused, Adam Cranston's continued lack of representation in a long and complex conspiracy trial would create a real risk of irremediable prejudice to his represented co-accused, because his conduct of the trial would likely require frequent judicial intervention and could inadvertently make admissions, introduce personal knowledge, or prejudice co-accused through questioning and addresses. However, because unresolved applications for legal assistance remained, the Court did not immediately order severance and adjourned the separate trial application to October 2020. Lauren Cranston was not shown to face irremediable...

Court Disposition

Application for a separate trial adjourned to a date to be fixed in October 2020; no order for separate trial made at this time.

Orders

  • ['The application for a separate trial is adjourned to a date to be fixed in October 2020.']