R v White & ors (No 1) [2012] NSWSC 465
Appropriate jury directions are capable of preventing unacceptable prejudice from the evidence or defence advanced by co-accused Serone against White; the application for separate trials is premature and speculative as possible duress evidence may not arise unless Serone testifies. The prima facie position supporting joint trials among co-accused applies; no positive injustice requiring separate trial is demonstrated.
- Jurisdiction
- Australia
- Judgment Date
- 21 March 2012
- Procedural Posture
- Criminal / Application for Separate Trial
- Outcome
- Application for separate trial refused
- Legal Topics
- ['joint Trial' 'separate Trial' 'prejudice' 'positive Injustice' 'cut Throat Defence' 'duress' 'bad Character Evidence']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal / Application for Separate Trial
Legal Issues
- 1 ['Whether a separate trial should be ordered for Rodney Boyd White due to alleged prejudice from evidence or defence of co-accused' "Whether there is 'positive injustice' warranting separate trials"]
Ratio Decidendi
Appropriate jury directions are capable of preventing unacceptable prejudice from the evidence or defence advanced by co-accused Serone against White; the application for separate trials is premature and speculative as possible duress evidence may not arise unless Serone testifies. The prima facie position supporting joint trials among co-accused applies; no positive injustice requiring separate trial is demonstrated.
Court Disposition
Application for separate trial refused
Orders
- ['The application by the accused White for a trial separate to the trial of the accused Serone is refused.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment