Regina v Steer [2006] NSWSC 642

Regina v Steer [2006] NSWSC 642

The application to sever the counts and order separate trials is refused as the alleged murder and armed robbery are closely connected temporally and contextually, the evidence relating to both is significantly intertwined, and the risks of prejudice can be sufficiently managed by proper jury directions.

Parties
Prosecutor: Regina; Accused: Brian James Steer
Jurisdiction
Australia
Judgment Date
22 June 2006
Procedural Posture
Criminal / Pre Trial Application
Outcome
application for severance refused
Legal Topics
Severance of Counts, Separate Trials, Admissibility of Evidence, Prejudice, Consciousness of Guilt
Criminal Law Severance of Counts Separate Trials Admissibility of Evidence Prejudice Consciousness of Guilt

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Parties

Regina

Prosecutor

Brian James Steer

Accused

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether the two counts in the indictment should be severed, resulting in separate trials for murder and armed robbery.
  2. 2 Whether evidence relating to the armed robbery is admissible in the murder trial or should be excluded as unfairly prejudicial.

Ratio Decidendi

The application to sever the counts and order separate trials is refused as the alleged murder and armed robbery are closely connected temporally and contextually, the evidence relating to both is significantly intertwined, and the risks of prejudice can be sufficiently managed by proper jury directions.

Court Disposition

application for severance refused

Orders

  • Application to sever the two counts in the indictment refused.
  • Application for separate trials refused.