R v Ngo; Dao; Dinh [2000] NSWSC 964

R v Ngo; Dao; Dinh [2000] NSWSC 964

It is now appropriate to revoke the order for a separate trial for Dinh, as the evidence against him is sufficiently linked to the common enterprise with Ngo and Dao, most relevant evidence is admissible, and no positive injustice or unfair prejudice would arise from a joint trial. Therefore, a joint indictment may be presented.

Parties
Accused: Phuong Canh Ngo; Accused: Tu Quang Dao; Accused: David Duy Thai Dinh; Crown: Regina
Jurisdiction
Australia
Judgment Date
04 October 2000
Procedural Posture
Criminal / Interlocutory Application Regarding Joint Trial
Outcome
Order for separate trial for Dinh revoked; leave granted for joint indictment if Crown so desires.
Legal Topics
Joint and Separate Trials, Admissibility of Evidence, Prejudice in Joint Trials
Criminal Law Joint and Separate Trials Admissibility of Evidence Prejudice in Joint Trials

Case Brief

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Parties

Phuong Canh Ngo

Accused

Tu Quang Dao

Accused

David Duy Thai Dinh

Accused

Regina

Crown

Procedural Posture

Criminal / Interlocutory Application Regarding Joint Trial

Legal Issues

  1. 1 Whether Dinh should be tried jointly with Ngo and Dao for the murder of John Newman
  2. 2 Whether evidence admissible against Ngo and Dao is unfairly prejudicial to Dinh

Ratio Decidendi

It is now appropriate to revoke the order for a separate trial for Dinh, as the evidence against him is sufficiently linked to the common enterprise with Ngo and Dao, most relevant evidence is admissible, and no positive injustice or unfair prejudice would arise from a joint trial. Therefore, a joint indictment may be presented.

Court Disposition

Order for separate trial for Dinh revoked; leave granted for joint indictment if Crown so desires.

Orders

  • The order directing a separate trial in relation to Dinh is revoked.
  • Leave is granted to the Crown to present a joint indictment against Ngo, Dao and Dinh.