The six propositions governing applications for separate trials in Victoria are consolidated from R v Demirok, R v Gibb and McKenzie, Jones and Waghorn v R, and Heaney v R. The High Court's observations in The Queen v Darby about ordering separate trials where the case against one co-accused is far stronger than against the other are confined to conspiracy cases. Where an accused has already been tried once, the court should approach the severance application on the basis that there is at least a significant possibility that the course of evidence will be similar to the previous trial.
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