R v Woods; R v Cheong [2018] NSWSC 123

R v Woods; R v Cheong [2018] NSWSC 123

The evidence necessary to prove the commission of the murder by Fantakis is also necessary to prove the charges of accessory after the fact against Woods and Cheong. The dramatic and prejudicial evidence is admissible and not impermissible, as it is part of the proof required for the accessories. Any potential prejudice can be cured by proper jury directions, and the interests of justice favour a joint trial.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Criminal / Application for Severance of Indictment Before Trial
Outcome
Notices of Motion seeking severance dismissed.
Legal Topics
['severance of Trial' 'accessory After Murder' 'joint Trials' 'prejudice in Joint Trials']
['criminal Law'] ['severance of Trial' 'accessory After Murder' 'joint Trials' 'prejudice in Joint Trials']

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Procedural Posture

Criminal / Application for Severance of Indictment Before Trial

Legal Issues

  1. 1 ['Whether the trial of Woods and Cheong should be severed from that of Fantakis due to alleged incurable prejudice arising from joint trial.' 'Whether evidence admissible against Fantakis is prejudicial and inadmissible against Woods and Cheong.' 'Whether the prejudice can be cured by proper jury directions.']

Ratio Decidendi

The evidence necessary to prove the commission of the murder by Fantakis is also necessary to prove the charges of accessory after the fact against Woods and Cheong. The dramatic and prejudicial evidence is admissible and not impermissible, as it is part of the proof required for the accessories. Any potential prejudice can be cured by proper jury directions, and the interests of justice favour a joint trial.

Court Disposition

Notices of Motion seeking severance dismissed.

Orders

  • ['The Notices of Motion seeking severance of the indictment are dismissed.']