R v Dinh [2000] NSWCCA 536

R v Dinh [2000] NSWCCA 536

It was open to Dunford J to reconsider and revoke the order for a separate trial in light of new evidence and to order a joint trial. The potential prejudice to Dinh could be managed by appropriate jury directions, and no error of principle or discretion was demonstrated in the decision to order a joint trial.

Parties
Respondent: Crown; Applicant: David Duy Thai Dinh
Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Order
Outcome
Leave to appeal granted, appeal dismissed
Legal Topics
Joint Criminal Enterprise, Admissibility of Evidence, Separate Trials, Interlocutory Appeals
Criminal Law Joint Criminal Enterprise Admissibility of Evidence Separate Trials Interlocutory Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Crown

Respondent

David Duy Thai Dinh

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether Dunford J erred in revoking the previous order for a separate trial and ordering a joint trial for Dinh with co-accused under s 5F of the Criminal Appeal Act 1912
  2. 2 Whether evidence of acts and declarations prior to Dinh's alleged involvement are admissible against him
  3. 3 Whether potential prejudice to Dinh in a joint trial warrants a separate trial

Ratio Decidendi

It was open to Dunford J to reconsider and revoke the order for a separate trial in light of new evidence and to order a joint trial. The potential prejudice to Dinh could be managed by appropriate jury directions, and no error of principle or discretion was demonstrated in the decision to order a joint trial.

Court Disposition

Leave to appeal granted, appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed