Regina v SYMSS and MASSON [2000] NSWSC 1089

Regina v SYMSS and MASSON [2000] NSWSC 1089

Neither accused has demonstrated any real or significant prejudice as a result of being tried jointly with the co-accused; accordingly, the application for separate trials is refused.

Parties
Respondent: Regina; Applicant: Shane Antoni Symss; Applicant: Leonard James Masson
Jurisdiction
Australia
Judgment Date
28 November 2000
Procedural Posture
Application for Separate Trial / Interlocutory Application
Outcome
application for separate trials refused
Legal Topics
Separate Trials, Joint Criminal Enterprise, Murder, Prejudice, Admissibility of Evidence
Criminal Law Separate Trials Joint Criminal Enterprise Murder Prejudice Admissibility of Evidence

Case Brief

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Parties

Regina

Respondent

Shane Antoni Symss

Applicant

Leonard James Masson

Applicant

Procedural Posture

Application for Separate Trial / Interlocutory Application

Legal Issues

  1. 1 Whether a separate trial should be ordered for Shane Antoni Symss and Leonard James Masson in respect of the charge of murder
  2. 2 Whether prejudice would arise to either accused if tried jointly
  3. 3 Admissibility and prejudicial impact of evidence relating to each accused

Ratio Decidendi

Neither accused has demonstrated any real or significant prejudice as a result of being tried jointly with the co-accused; accordingly, the application for separate trials is refused.

Court Disposition

application for separate trials refused

Orders

  • application for separate trials refused