The Middis three-part test for separate trials requires the applicant to demonstrate that the evidence against them is significantly weaker than and different to that against the co-accused, that the co-accused's evidence contains highly prejudicial material not admissible against the applicant, and that there is a real risk the weaker case will be made immeasurably stronger. Where the prejudice from a co-accused's police interview is readily identifiable and can be addressed by clear jury directions, a separate trial will not ordinarily be ordered. An applicant whose own connection to the crime includes links to the murder weapons, ownership of the getaway vehicle, identification evidence, and flight from the jurisdiction will not satisfy the 'significantly weaker' threshold merely because the co-accused has additional DNA evidence.
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