Where a co-accused faces only a small number of counts on a large indictment, the remaining counts involve brutal conduct by other accused, and none of the evidence on those counts is admissible against the applicant, the risk of guilt by association may outweigh the public interest in a joint trial, including the trauma to the complainant of testifying twice. However, where the applicant's defence (such as consent) means evidence of the other incidents would be admissible against him in any event, the prejudice from a joint trial is substantially diminished and severance will not be ordered.
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