In a cut-throat defence case, the strong policy reasons for joint trial will prevail where the evidence against the applicant for separate trial is not significantly weaker than that against the co-accused, and where adequate judicial directions can cure any prejudice from the admission of character evidence. A bare threat by a co-accused to stab a family member, without further detail linking the threat to the circumstances of the offence, does not meet the 'significant probative value' threshold under s 97 of the Evidence Act 1995 for tendency evidence.
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