The statutory presumption in s.372(3AA) of the Crimes Act 1958 (Vic.) that counts charging sexual offences are triable together is not rebutted merely because evidence on one count is inadmissible on another. Courts exercising the discretion to sever should be guided by the approach in R v Christou [1997] AC 117, with the essential criterion being the achievement of a fair resolution of the issues. The jury's demonstrated ability to follow directions (as evidenced by selective acquittals) supports the presumption of joint trial.
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