Regina v Saleh Khodr [2007] NSWDC 329

Regina v Saleh Khodr [2007] NSWDC 329

The evidence concerning El Mostafa's political or religious motivations, the polling booth demonstration, and the pre-riot fracas did not as a matter of common sense incriminate Khodr, and clear directions at the time of admission and in the summing-up would significantly reduce any prejudice. Given the high desirability of a joint trial for jointly alleged offending and the absence of a risk of positive injustice, the separate trial application was rejected.

Jurisdiction
Australia
Judgment Date
19 April 2007
Procedural Posture
Criminal Prosecution / Application for Separate Trial
Outcome
Application for separate trial is rejected.
Legal Topics
['separate Trial' 'joint Trial' 'unfair Prejudice' 'positive Injustice' 'jury Directions' 'riot' 'affray' 'identification Evidence' 'joint Criminal Enterprise']
['criminal Law' 'criminal Procedure' 'evidence'] ['separate Trial' 'joint Trial' 'unfair Prejudice' 'positive Injustice' 'jury Directions' 'riot' 'affray' 'identification Evidence' 'joint Criminal Enterprise']

Case Brief

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Procedural Posture

Criminal Prosecution / Application for Separate Trial

Legal Issues

  1. 1 ['Whether Saleh Khodr should be tried separately from his co-accused because evidence admissible against the co-accused would create a danger of unfair prejudice or positive injustice to him.' 'Whether directions to the jury would be sufficient to prevent misuse of evidence concerning the pre-riot fracas, polling booth demonstration, telephone calls, and political or religious motivation.' 'Whether the common purpose element of the riot charge increased the risk that the jury would improperly use evidence against the co-accused against Saleh Khodr.']

Ratio Decidendi

The evidence concerning El Mostafa's political or religious motivations, the polling booth demonstration, and the pre-riot fracas did not as a matter of common sense incriminate Khodr, and clear directions at the time of admission and in the summing-up would significantly reduce any prejudice. Given the high desirability of a joint trial for jointly alleged offending and the absence of a risk of positive injustice, the separate trial application was rejected.

Court Disposition

Application for separate trial is rejected.

Orders

  • ['Application for separate trial is rejected.']