R v Syed Basri, Henry Ugo Madubuko, Lokman Mohammed and Ifeanyi Fidel Okonkwo [2008] NSWDC 223

R v Syed Basri, Henry Ugo Madubuko, Lokman Mohammed and Ifeanyi Fidel Okonkwo [2008] NSWDC 223

Coincidence evidence sought to be led by the Crown failed to meet the statutory criteria of 'related events' under s.98 of Evidence Act 1995 (Cwlth) and was therefore inadmissible. The risk of impermissible comparison of identical defences in a joint trial warranted separate trials for Mohammed and severance of count 4 against Madubuko.

Parties
Accused: Saripah Binti Syed Basri; Accused: Henry Ugo Madubuko; Accused: Lokman Mohammed; Accused: Ifeanyi Fidel Okonkwo; Prosecution: Crown
Jurisdiction
Australia
Judgment Date
13 October 2008
Procedural Posture
Criminal / Pre Trial Application (severance and Admissibility of Evidence)
Outcome
Mohammed's application for separate trial granted; objection to Crown's coincidence evidence upheld; Madubuko's severance application granted.
Legal Topics
Coincidence Evidence, Severance of Indictment, Separate Trial, Controlled Delivery, Admissibility of Circumstantial Evidence, Fault Element for Importation Offence
Criminal Law Evidence Law Coincidence Evidence Severance of Indictment Separate Trial Controlled Delivery Admissibility of Circumstantial Evidence Fault Element for Importation Offence

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Parties

Saripah Binti Syed Basri

Accused

Henry Ugo Madubuko

Accused

Lokman Mohammed

Accused

Ifeanyi Fidel Okonkwo

Accused

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Application (severance and Admissibility of Evidence)

Legal Issues

  1. 1 Whether coincidence evidence under Evidence Act 1995 (Cwlth) can be admitted against multiple accused.
  2. 2 Whether severance and separate trial should be ordered for Lokman Mohammed.
  3. 3 Whether count 4 against Henry Madubuko should be severed and tried with Mohammed rather than with Basri.

Ratio Decidendi

Coincidence evidence sought to be led by the Crown failed to meet the statutory criteria of 'related events' under s.98 of Evidence Act 1995 (Cwlth) and was therefore inadmissible. The risk of impermissible comparison of identical defences in a joint trial warranted separate trials for Mohammed and severance of count 4 against Madubuko.

Court Disposition

Mohammed's application for separate trial granted; objection to Crown's coincidence evidence upheld; Madubuko's severance application granted.

Orders

  • Lokman Mohammed be tried separately on the charge upon which he was arraigned.
  • Count 4 in the indictment against Henry Madubuko be severed from the indictment.