Section 316 of the Criminal Code (NT) does not preclude joinder of other charges with murder under s309, but it remains highly undesirable to join other counts with murder and separate trials should be ordered where the complexity of the murder directions combined with additional charges creates a risk of compromise verdicts. The test for 'founded on the same facts' under s309 is whether the charges have a 'common factual origin'. Embarrassment due to multiplicity of charges does not automatically require quashing the indictment where the alternative of separate trials under s341 is available.
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