EVIDENCE — Tendency evidence — Where both accused charged with murder and supplying a prohibited drug — Application by one-accused to rely upon certain evidence as tendency evidence — Whether such evidence relevant to a fact in issue — Whether the evidence went to the credibility of the co-accused — Applicability of Part 3.6 of the Evidence Act NSW 1995 (NSW) — Application refused
PRACTICE AND PROCEDURE — Applications by each of two co-accused for separate trials — Where both accused charged with murder and supplying a prohibited drug — Where Crown case in respect of murder count based upon a joint criminal enterprise — Where murder count and supply count linked — Where majority of evidence relied upon by the Crown admissible against both accused in respect of both counts — Where one accused foreshadowed application to cross-examine co-accused about prior criminal convictions — Where that same accused was allegedly threatened by co-accused — General principles applicable to the exercise of the discretion to order separate trials — Both applications for separate trials refused
PRACTICE AND PROCEDURE — Application by one accused for an order that the counts of murder and supply prohibited drug be tried separately — Where counts inextricably linked — No justification for separation of counts — Application refused
Case Details
Citation[2015] NSWSC 965
CourtNSWSC
JurisdictionNew South Wales
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