The primary question on an application for separate trials is whether there was a significant risk that prejudicial material inadmissible against the applicant could have turned a potential acquittal into a conviction. The comparative weakness of the Crown case against the applicant vis-à-vis the co-accused is not a necessary precondition. A trial judge's failure to give reasons for refusing a separate trial application is not a fundamental procedural irregularity where the appellate court can reach its own view on the merits.
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