R v DK [2008] NSWCCA 249

R v DK [2008] NSWCCA 249

There was no reasonable possibility of error in the refusal to sever counts as the offences arose out of the same set of circumstances and evidence could be managed with directions; leave to appeal should not be granted.

Parties
Applicant: DK; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 October 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Severance of Indictment, Obtaining Financial Advantage by Deception, Dealing With Proceeds of Crime
Criminal Law Severance of Indictment Obtaining Financial Advantage by Deception Dealing With Proceeds of Crime

Case Brief

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Parties

DK

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether counts should be severed from indictment
  2. 2 Whether inclusion of multiple counts leads to unfair prejudice
  3. 3 Admissibility of evidence across counts

Ratio Decidendi

There was no reasonable possibility of error in the refusal to sever counts as the offences arose out of the same set of circumstances and evidence could be managed with directions; leave to appeal should not be granted.

Court Disposition

Application for leave to appeal refused

Orders

  • The application for leave to appeal is refused