R v Crowther-Wilkinson & Cowie [2002] NSWSC 1207

R v Crowther-Wilkinson & Cowie [2002] NSWSC 1207

Mr Cowie did not demonstrate such prejudice as to warrant an order for a separate trial. Evidence admissible only against Wilkinson does not implicate Cowie, and proper jury directions would mitigate concern about prejudicial character evidence.

Jurisdiction
Australia
Judgment Date
17 December 2002
Procedural Posture
Criminal / Pre Trial Application for Separate Trial
Outcome
Application for separate trial refused.
Legal Topics
['joint Trial' 'separate Trial' 'prejudice' 'character Evidence']
['criminal Law'] ['joint Trial' 'separate Trial' 'prejudice' 'character Evidence']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application for Separate Trial

Legal Issues

  1. 1 ['Whether a separate trial should be ordered for James Cowie due to potential prejudice arising from evidence admissible only against Simon Crowther-Wilkinson and the issue of character evidence.']

Ratio Decidendi

Mr Cowie did not demonstrate such prejudice as to warrant an order for a separate trial. Evidence admissible only against Wilkinson does not implicate Cowie, and proper jury directions would mitigate concern about prejudicial character evidence.

Court Disposition

Application for separate trial refused.

Orders

  • ['Application for separate trial by James Cowie refused.']